Opinion
No.: 1:20-CV-54-TAV-CHS
12-18-2020
JAMES WOOD, Plaintiff, v. STATE OF TENNESSEE, Defendant.
MEMORANDUM OPINION
This is a prisoner's pro se complaint for violation of 42 U.S.C. § 1983. Now before the Court is Plaintiff's motion to voluntarily dismiss this action [Doc. 36], in which he states that he seeks to dismiss this action because he is "currently unable to litigate this case due to [a] myriad of factors including mental distress" [Id. at 1]. Defendant has not filed a response, and the time for doing so has passed. See E.D. Tenn. L.R. 7.1(a)(2). The Court thus concludes that Defendant has waived any opposition to Plaintiff's request to voluntarily dismiss. See E.D. Tenn. L.R. 7.2 ("Failure to respond to a motion may be deemed a waiver of any opposition to the relief sought").
Accordingly, Plaintiff's motion to voluntarily dismiss this action [Doc. 36] will be GRANTED and the Clerk will be DIRECTED to terminate all other pending motions in this case [Docs. 12, 13, 14, 16, 23, 30, 32] as moot. Also, the Court CERTIFIES that any appeal from this dismissal would not be taken in good faith.
AN APPROPRIATE JUDGMENT ORDER WILL ENTER.
s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE