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17-2071 - Simonis v. Johnson


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17-2071 - Simonis v. Johnson
January 31, 2018
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Memorandum of Opinion and Order On 1/4/2018, (ECF No. 9), Pro Se Plaintiff James E. Simonis was ordered to file with the Clerk of Court on or before 1/25/2018 an appropriate application for entry of default and an appropriate motion, affidavit, and proposed order for default judgment, or show cause why the case should not be dismissed for want of prosecution. ECF No. 9. Although the due date has come and gone, Plaintiff has not sought additional time and has not filed either an application for entry of default or a motion, affidavit, and proposed order for default judgment. Accordingly, this action is hereby dismissed without prejudice for want of prosecution. Furthermore, the Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 1/31/2018. (JLG)