Opinion
No. E2000-01623-COA-R3-CV
Submitted on Briefs September 28, 2000 Filed December 27, 2000
Direct Appeal from the Circuit Court for Bledsoe County, No. 2056, Thomas W. Graham, Judge.
Tenn.R.App.P.3 Appeal as of Right; Judgment of the Circuit Court Affirmed; Cause Remanded.
Paul Farnsworth, a/k/a Ronnie Bradfield, Henning, Tennessee, Appellant, Pro Se
Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, and Pamela S. Lorch, Assistant Attorney General, Nashville, Tennessee, for the Appellees Donita Moore, et al.
Houston M. Goddard, P.J., delivered the opinion of the court, in which Herschel P. Franks and Charles D. Susano, Jr., JJ., joined.
OPINION
Paul Farnsworth, a/k/a Ronnie Bradfield, seeks damages from James Bowlen, Warden of the Southeastern Tennessee State Regional Correctional Facility, and certain other officials of the Correctional Facility. He seeks damages alleging five separate causes of action which are set out in the Appendix to this opinion.
Ja-Ja Atu-Mani, a/k/a Curtis Gouldin, was also a plaintiff in the complaint. However, his case was dismissed on motion of the Defendants prior to resolution of Mr. Farnsworth's case and the decision was not appealed.
The Trial Court ultimately found that Mr. Farnsworth had "refused to submit to a medical evaluation provided by the Defendant pursuant to the orders of this Court." The Court then found that it was impossible for it to make an evaluation and, because Mr. Farnsworth was in direct violation of Tenn.R.Civ.P. 41.02, dismissed his suit.
41.02. Involuntary Dismissal — Effect Thereof. (1) For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant.
Our review of the record persuades us that the Trial Court did not abuse his discretion in dismissing the case and his action was appropriate under the circumstances.
For the foregoing reasons the judgment of the Trial Court is affirmed and the cause remanded for collection of costs below. Costs of appeal are adjudged against Mr. Farnsworth.
_________________________________________ HOUSTON M. GODDARD, PRESIDING JUDGE