Wolfe v. Streck

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Jason Wolfe,

Plaintiff, Case No. 3:24-cv-164 v. District Judge Thomas M. Rose

Rob Streck, Magistrate Judge Elizabeth Preston Deavers

Defendant.

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ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE __________________________________________________________________________

This civil case is before the Court following pro se Plaintiff’s failure to respond to the Court’s repeated orders to file a corrected complaint. Docs. 6, 16. In its most recent Order, the undersigned directed Plaintiff to file a corrected complaint by October 30, 2024. Doc. 16. District courts have the inherent power to dismiss civil actions for want of prosecution to “manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Link v. Wabash R.R., 370 U.S. 626, 630-31 (1962); see also Carpenter v. City of Flint, 723 F.3d 700, 704 (6th Cir. 2013) (“It is well settled that a district court has the authority to dismiss sua sponte a lawsuit for failure to prosecute.”) (citations omitted). Plaintiff’s failure to file a corrected complaint—leaves the record void of any explanation for his inaction. His inaction, moreover, in response to the Orders to File a Corrected Complaint (docs. 6, 16) leaves the record void of any reason for his failure to prosecute. In light of these circumstances, dismissal of this case is warranted. See Link, 370 U.S. at 630- 31; see also Carpenter, 723 F.3d at 704. Accordingly, this case is DISMISSED WITHOUT PREJUDICE for failure to prosecute. DONE and ORDERED this Thursday, November 14, 2024.

s/Thomas M. Rose __________________________________

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE