Warner v. McCoig et al, No. 3:2012cv00546 - Document 5 (E.D. Tenn. 2012)
Court Description: MEMORANDUM OPINION that this action will be DISMISSED WITH PREJUDICE for plaintiff's failure to prosecute and to comply with the orders of the 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 December 11, 2012. (mailed to Mr. Warner) (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE FRANKLIN CLAY WARNER #00125322, Plaintiff, v. 3:12-cv-546 G.W. McCOIG, et al., Defendants. MEMORANDUM This is a pro se prisoner's civil rights complaint under 42 U.S.C. ยง 1983. Because the plaintiff did not pay the $350.00 filing fee nor submit an application to proceed in forma pauperis, plaintiff was given thirty days to pay the filing fee or to submit the proper documents to proceed in forma pauperis. Plaintiff's copy of that order, which was mailed to him at his last known address of Jefferson County Jail, was returned undelivered on November 19, 2012, with the notation "no longer here." Plaintiff bears the burden of prosecuting his action, which includes informing the court of his correct mailing address, and he has not done so. Accordingly, this action will be DISMISSED WITH PREJUDICE for plaintiff's failure to prosecute and to comply with the orders of the 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. Fed. R. App. P. 24. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas W. Phillips United States District Judge 2
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