Opinion
2:03-CV-0291
January 29, 2004
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff CEDRIC RAMON KING McCOY, JR., proceeding pro se and while a prisoner, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendant and was granted permission to proceed in forma pauperis.
On December 9, 2003, the Court issued a Briefing Order giving plaintiff thirty days to provide specific information elicited by the Briefing Order and required to allow the Court to screen plaintiff's complaint.
The response period has expired, and plaintiff has failed to comply with or file any response to the December 9, 2003, Briefing Order. It appears he has abandoned his suit and his claims for relief.
It is the conclusion of the United States District Judge that plaintiff has abandoned this cause and such cause should be dismissed for failure to prosecute. Link v. Wabash Railroad Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (court possesses inherent power to dismiss sua sponte for lack of prosecution).
IT IS THEREFORE ORDERED:
The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.
This Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk will mail a copy of this Order to the plaintiff and to any attorney of record by first class mail.