Hamby v. Shepard
Hamby v. Shepard
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE
WILLIAM D. HAMBY, JR., ) ) Plaintiff, ) ) No. 3:19-CV-077-CLC-DCP v. ) ) NURSE SHEPPARD, ) ) Defendant. )
MEMORANDUM OPINION This is a pro se prisoner’s complaint for violation of
42 U.S.C. § 1983. Now before the Court is Plaintiff’s motion to voluntarily dismiss this action [Doc. 59], in which he states that he seeks to dismiss this action because he does not have an attorney [Id. at 1]. Defendant has not filed a response thereto and her time for doing so has passed. E.D. Tenn. LR 7.1(a)(2). Thus, Defendant waived any opposition thereto. Elmore v. Evans,
449 F. Supp. 2, 3(E.D. Tenn. 1976), aff’d mem.
577 F.2d 740(6th Cir. 1978); E.D. Tenn. LR 7.2. Accordingly, due to the lack of any opposition, Plaintiff’s motion to voluntarily dismiss this action [Doc. 59] will be GRANTED. Also, the Court CERTIFIES that any appeal from this dismissal would not be taken in good faith. AN APPROPRIATE ORDER WILL ENTER. /s/ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE
Reference
- Status
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