Miller v. Union County Jail et al, No. 3:2011cv00095 - Document 4 (E.D. Tenn. 2011)
Court Description: MEMORANDUM OPINION dismissing this action without prejudice, sua sponte, for failure to prosecute and to comply with the orders of this court. The court will certify that any appeal from this action would not be taken in good faith and would be totally frivolous. Signed by District Judge Thomas W Phillips on March 30, 2011. (mailed to Mr. Miller) (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE SAMMY RAY MILLER, JR., Plaintiff, v. 3:11-cv-95 RODNEY MINOR, Defendant. MEMORANDUM On February 24, 2011, plaintiff was ordered to complete and return the service packet for defendant Minor within 20 days. Plaintiff was forewarned that failure to return the completed service packet could jeopardize his prosecution of this action. Plaintiff has failed to return the service packet 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 WILL ENTER. s/ Thomas W. Phillips United States District Judge
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