Opinion
2:01-CV-0359
April 25, 2002
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff DERRICK ANTHONY WALKER has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and requesting to proceed pursuant to Title 28, United States Code, section 1915(b). On December 14, 2001, the Court issued a Notice of Deficiency giving plaintiff thirty days in which to obtain and file with the clerk a current six month history of his inmate trust account. Plaintiff was instructed that a failure to cure the deficiency would result in the dismissal of plaintiffs complaint without further notice.
The response period has expired; and no further pleading or correspondence has been received in this cause. 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The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.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.