Smith v. Cogburn

Filing 6

MEMORANDUM AND OPINION. Signed by District Judge Curtis L Collier on 2/12/15. This Memorandum serviced via US Mail to Antonio Smith.(KFB, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

ANTONIO T. SMITH,
Plaintiff,
v.
D. COGBURN,
Defendant.

)
)
)
)
)
)
)
)
)

No.: 1:14-cv-08-CLC-SKL

MEMORANDUM

On July 21, 2014, Plaintiff was ordered to complete and return the service packet
for the defendant within 20 days. Plaintiff was forewarned that failure to return the
completed service packet could jeopardize his prosecution of this action. Plaintiff's copy
of that order, which was mailed to him at his last known address of Hamilton County Jail,
was returned undelivered on July 25, 2014, with the notation "not in custody." 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 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/_________________________________
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE

2