Opinion
No. 3:19-CV-077-CLC-DCP
08-25-2020
WILLIAM D. HAMBY, JR., Plaintiff, v. NURSE SHEPPARD, Defendant.
MEMORANDUM OPINION
This is a pro se prisoner's complaint for violation of 42 U.S.C. § 1983. Now before the Court is Plaintiff's motion to voluntarily dismiss this action [Doc. 59], in which he states that he seeks to dismiss this action because he does not have an attorney [Id. at 1]. Defendant has not filed a response thereto and her time for doing so has passed. E.D. Tenn. LR 7.1(a)(2). Thus, Defendant waived any opposition thereto. Elmore v. Evans, 449 F. Supp. 2, 3 (E.D. Tenn. 1976), aff'd mem. 577 F.2d 740 (6th Cir. 1978); E.D. Tenn. LR 7.2.
Accordingly, due to the lack of any opposition, Plaintiff's motion to voluntarily dismiss this action [Doc. 59] will be GRANTED. Also, the Court CERTIFIES that any appeal from this dismissal would not be taken in good faith.
AN APPROPRIATE ORDER WILL ENTER.
/s/ _________
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE