Opinion
2:01-CV-0419
April 5, 2002
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff JAMES GARY KIGHT, proceeding pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and asking to proceed in forma pauperis.
On February 13, 2002, the Court issued a Notice of Deficiency giving plaintiff thirty days in which to respond by providing copies of the relevant step 2 grievances required by the complaint form utilized by plaintiff. Plaintiff was instructed that a failure to timely comply with the Order would be construed as a failure to prosecute and might result in a dismissal of the instant cause without further notice.
The response period has expired, and plaintiff has failed to comply with or in anyway respond to the Order. In fact, no pleading or correspondence has been received from plaintiff since he originally filed suit November 14, 2001.
It is the conclusion of the United States District Judge that plaintiff has abandoned his 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The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.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.