DAVID LAMAR HAYES v. GLEN TURNER, WARDEN - Articles

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Posted by: Landry Butler on May 31, 2017

Court: TN Court of Appeals

Attorneys 1:

David Lamar Hayes, Whiteville, Tennessee, Pro se.

Attorneys 2:

James I. Pentecost and Jonathan D. Buckner, Jackson, Tennessee, for the appellee, Glen Turner, Warden, Hardeman County Correctional Facility.

Judge(s): GOLDIN

This appeal arises from the dismissal of a pro se inmate’s complaint for failure to prosecute. After filing his complaint in 2005, the plaintiff took no action in the case for more than 10 years. In 2015, the trial court directed the plaintiff to show cause why the case should not be dismissed for failure to prosecute. Instead of providing an explanation for the delay, the plaintiff sought a default judgment against the defendant. The trial court then dismissed the case with prejudice. On appeal, we find no abuse of discretion in the trial court’s decision. We therefore affirm the judgment of the trial court.

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