Carter v. Delgado et al

Filing 13

MEMORANDUM. This action will be DISMISSED WITHOUT PREJUDICE. An Appropriate Order Will Enter. Signed by District Judge Harry S Mattice, Jr on 1/27/2015. (AML, ) Copy of Memorandum served to Gary Clark via US Mail.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

GARY CARTER,
Plaintiff,
v.
ANDRES DELGADO, et al.,
Defendants.

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No.: 1:14-cv-73-HSM-WBC

MEMORANDUM

On July 22, 2014, plaintiff was ordered to complete and return the service packets
for the defendants within 20 days. Plaintiff's copy of that order, which was mailed to him
at his last known address of Morgan County Correctional Complex, was returned
undelivered on July 30, 2014, with the notation "out-of-state." 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/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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