Opinion
CIVIL ACTION NO. 1:13-CV-158-GNS
03-04-2015
WILLIAM BRIAN SMITH PLAINTIFF v. (FIRST NAME UNKNOWN) CYNTHIA DEFENDANT
MEMORANDUM OPINION
Because Plaintiff failed to respond to Defendant's discovery requests, failed to comply with the Scheduling Order in this case, and had not taken any action in this case, such as filing a response to Defendant's motion for summary judgment, even after the Court gave him additional time to do so, the Court ordered Plaintiff to show cause in writing within 30 days why this case should not be dismissed with prejudice for failure to prosecute. That Order warned Plaintiff that his failure to comply with this Order would result in dismissal of his case.
More than 30 days have passed, and Plaintiff has failed to respond to the Court's Order. Courts have an inherent power "acting on their own initiative, to clear their calendars of cases that have remained dormant because of the inaction or dilatoriness of the parties seeking relief." Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962). Therefore, by separate Order, the Court will dismiss the instant action. See FED. R. CIV. P. 41(b) (governing involuntary dismissal). Date: March 4, 2015
/s/
Greg N. Stivers, Judge
United States District Court
cc: Plaintiff, pro se
Counsel of record
4416.009