Opinion
NO. 2:09-CV-116.
November 24, 2010
MEMORANDUM
This is a pro se civil rights complaint under 42 U.S.C. § 1983, filed by a then-prisoner in the Washington County Detention Center, who has since been transferred to a state prison under sentence of death. On May 10, 2010, the Court entered an order, directing the Clerk to send plaintiff a service packet and ordering him to complete and return the packet to the Court within twenty (20) days. [Doc. 14]. Plaintiff was also forewarned that, if he failed to comply with the order in a timely fashion, his case would be dismissed. [Id.].
More than six months have passed and plaintiff has failed to return the service packet or otherwise respond to the order.
Therefore, this case will be DISMISSED by a separate order for plaintiff's failure to prosecute and to comply with the orders of the Court. Fed.R.Civ.P. 41(b). Lastly, the Court FINDS that any appeal from this decision would not be taken in good faith and, therefore, will also DENY plaintiff leave to proceed in forma pauperis on appeal. 28 U.S.C. § 1915(a)(3).