Opinion
2:00-CV-0410
February 23, 2001
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff WILLIE SMITH, proceeding pro se and while a prisoner incarcerated in the Randall County Jail II, 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 January 12, 2001, the Court issued an Order unfiling plaintiff's motion for address of defendant's attorney as deficient. On January 25, 2001, plaintiff's copy of the Order was returned to the Court undelivered and bearing the notation "Return to Sender — Perm Inactive." The Clerk lodged telephonic inquiry with prison personnel and was informed plaintiff was deceased. In an abundance of caution, the Court issued a February 1, 2001, show cause order giving plaintiff fourteen days in which to respond and show cause why this case should not be dismissed.
The response period has expired without further pleading by plaintiff. Further, no pleading has been received from plaintiff since his January 12, 2001, motion for address of defendant's attorney.
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The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.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.
IT IS SO ORDERED.