Sanchez v. Byrd, No. 1:2016cv00509 - Document 5 (E.D. Tenn. 2017)
Court Description: MEMORANDUM OPINION in support of the following Order dismissing case for want of prosecution. Signed by Chief District Judge Thomas A Varlan on 2/23/17. (c/m)(ADA)
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Sanchez v. Byrd Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE ALEXANDER SANCHEZ, ) ) ) ) ) ) ) ) ) Plaintiff, v. OFFICER BYRD, Defendant. No.: 1:16-CV-509-TAV-CHS MEMORANDUM OPINION On January 13, 2017, a Deficiency Order was entered in this pro se prisoner’s civil rights case under 42 U.S.C. § 1983 [Doc. 4]. In the Deficiency Order, Plaintiff was notified that, unless within thirty (30) days of that date, he paid the full filing fee or submitted a certified copy of his inmate trust account statement for the last six-month period, the Court would dismiss his lawsuit for failure to prosecute and to comply with the Court’s orders and also would assess the filing fee [Id.]. Thirty days have passed, and Plaintiff has not responded to the Deficiency Order or otherwise communicated with the Court. Accordingly, the Court presumes that Plaintiff is not a pauper and he will be ASSESSED the full filing fee of four hundred dollars ($400.00) as authorized under 28 U.S.C. § 1914(a). 28 U.S.C. § 1915(b)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997) (instructing that “[i]f the prisoner does not comply with the district court’s directions, the district court must presume that the prisoner is not a pauper and assess the inmate the full amount of fees”), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). Because of Plaintiff’s failure to comply with the orders of the Court and to prosecute his case, this action will be DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b). Dockets.Justia.com The Clerk of Court will be DIRECTED to CLOSE this case. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas A. Varlan CHIEF UNITED STATES DISTRICT JUDGE 2
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