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Sayne v. Grainger County Sheriff's Dept.

July 24, 2007

ROBERT RAY SAYNE, PLAINTIFF,
v.
GRAINGER COUNTY SHERIFF'S DEPT., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Thomas A. Varlan United States District Judge

(VARLAN/GUYTON)

MEMORANDUM

In this case, the court received an affidavit in which plaintiff complained of numerous conditions of his confinement in the Grainger County, Tennessee, Jail. In a letter accompanying his pleadings, plaintiff asked the court to either appoint counsel to assist him in properly filing a complaint or to provide him with the necessary forms for filing a complaint. Plaintiff's request for appointment of counsel was denied and the Clerk was directed to send plaintiff the forms for filing a complaint for violation of civil rights pursuant to 42 U.S.C. § 1983. Plaintiff was advised that the court would hold the case in abeyance for thirty (30) days pending receipt of the completed complaint form.

A copy of the court's order and the § 1983 complaint forms were sent to plaintiff on June 19, 2007.*fn1 More than thirty (30) days have passed, and plaintiff has failed to return the completed complaint form or otherwise respond to the order of this court. Therefore, this action will be DISMISSED WITHOUT PREJUDICE, sua sponte, for failure to prosecute and to comply with the orders of this court. Fed. R. Civ. P. 41(b); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991). The court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. See Fed. R. App. P. 24.

AN APPROPRIATE ORDER ...


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