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13-079 - Clark v. Warren Co. Jail et al


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13-079 - Clark v. Warren Co. Jail et al
September 6, 2016
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MEMORANDUM AND ORDER: Plaintiff has failed to state a claim against the Warren County Jail and Eddie Knowles, and they are DISMISSED as Defendants in this lawsuit. The Clerk is DIRECTED to send Plaintiff a service packet (a blank summons and USM 285 form) for Defendant Matheny. Plaintiff is ORDERED to complete the service packet and return it to the Clerks Office within twenty (20) days of the date of this Order. At that time, the summons will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service. Fed. R. Civ. P. 4. Plaintiff is forewarned that failure to return the completed service packet within the time required could jeopardize his prosecution of this action. Also, Plaintiff SHALL promptly notify the Court of any address changes and he is ADVISED that his failure so to do, within fourteen (14) days of any such change, will result in the dismissal of this lawsuit for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. E.D. Tenn. L.R. 83.13. Signed by District Judge Harry S Mattice, Jr on 9/6/2016. (DJH, )
October 14, 2016
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MEMORANDUM: Accordingly, this action will be DISMISSED without prejudice, sua sponte, for want ofprosecution. Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962)(recognizing courts authority to dismiss a case sua sponte for lack of prosecution); White v. Cityof Grand Rapids, 34 F.Appx 210, 211(6th Cir. 2002) (finding pro se prisoners complaint wassubject to dismissal for want of prosecution because he failed to keep the district court apprisedof his current address); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991). AN APPROPRIATE JUDGMENT ORDER WILL ENTER.Signed by District Judge Harry S Mattice, Jr on 10/14/2016. (DJH, )