Opinion
20-cv-400-wmc
02-06-2023
WAYNE THOMAS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER
WILLIAM M.CONLEY, DISTRICT JUDGE
Pro se plaintiff Wayne Thomas is proceeding on a medical negligence claim under the Federal Tort Claims Act against defendant the United States of America. (Dkt. #12.) He was incarcerated at FCI Oxford when he filed this lawsuit, but has since been released. On December 8, 2022, the court held a telephonic preliminary pretrial conference. (Dkt. #19.) Because Thomas stated that he would soon be able to retain counsel, the court postponed the conference until January 18, 2023, to give him time to do so. (Id.) But no attorney entered an appearance, and Thomas did not participate in the January 18 conference and could not be reached by telephone when the court called him. (Dkt. #20.) Therefore, the court ordered Thomas to submit written confirmation by February 1, 2023, that he still wished to pursue this lawsuit. (Id.) The court cautioned Thomas that the failure to do so would cause the court to dismiss the case with prejudice for failure to prosecute. (Id.) To date, Thomas has not contacted the court. Accordingly, the court will dismiss the case.
ORDER
IT IS ORDERED that:
1) This case is DISMISSED with prejudice for failure to prosecute.
2) The clerk of court is directed to enter judgment, close this case, and send plaintiff a copy of this order and the judgment.