Hall v. Lane et al, No. 3:2012cv00019 - Document 11 (E.D. Tenn. 2012)
Court Description: MEMORANDUM OPINION dismissing this action with prejudice for plaintiff's 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 April 4, 2012. (mailed to Mr. Hall) (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE KENNETH HALL, Plaintiff, v. 3:12-cv-19 DR. EDMUND LANE, et al., Defendants. MEMORANDUM This is a pro se prisoner's civil rights action pursuant to 42 U.S.C. ยง 1983. On March 7, 2012, the Clerk's Office mailed plaintiff a service packet for defendant Lane. The service packet, which was mailed to plaintiff at his last known address of Knox County Detention Facility, was returned undelivered on March 15, 2012, with the notation "no longer at this address." In the court's initial order, plaintiff was ordered to inform the court immediately of any address changes. Plaintiff was also advised that failure to provide a correct address within ten days following any change of address would result in the dismissal of this action. Accordingly, this action will be DISMISSED WITH PREJUDICE for plaintiff's 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). In addition to the above, 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 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE KENNETH HALL, Plaintiff, v. 3:12-cv-19 DR. EDMUND LANE, et al., Defendants. JUDGMENT ORDER In accordance with the accompanying Memorandum, the court ORDERS that this action is DISMISSED WITH PREJUDICE for failure to prosecute and to comply with the orders of this court. The court further CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. ENTER: s/ Thomas W. Phillips United States District Judge ENTERED AS A JUDGMENT s/ Debra C. Poplin CLERK OF COURT
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