Opinion
2:01-CV-0007
May 7, 2001
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff ROBERT ERNEST MILLER, proceeding pro se and in forma pauperis, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants.
On April 4, 2001, after reviewing plaintiff's submission, the Court issued a Briefing Order giving plaintiff twenty days in which to complete the enclosed Questionnaire eliciting facts necessary to allow the Court to analyze plaintiff's claims.
The response period has expired, and no further pleading or correspondence has been received from plaintiff. 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The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.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.