Opinion
No. 2:04-CV-0299.
March 22, 2005
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff RYAN CASTRO, proceeding pro se and while a prisoner at the Potter County Detention Center, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants.
On November 12, 2004, the Court issued a Notice of Deficiency Order giving plaintiff thirty days to cure various deficiencies, including, in relevant part, submission of an I.F.P. Data Sheet. On January 20, 2005, plaintiff was given a thirty-day extension to provide a copy of his I.F.P. Data Sheet.
The response period has expired, and, though given an extension, plaintiff has failed to submit a copy of his I.F.P. Data Sheet showing the history of his inmate trust account for the previous six-month period. 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The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.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.
IT IS SO ORDERED.