Hamby v. Shepard

District Court, E.D. Tennessee

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

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