Armstrong v. Sullivan County Criminal Court et al

Filing 6

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 January 5, 2015. (mailed to Mr. Armstrong) (AYB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE MOSIAH ARMSTRONG, Plaintiff, v. SULLIVAN COUNTY CRIMINAL COURT, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No.: 2:14-cv-263-TWP MEMORANDUM On November 17, 2014, plaintiff was ordered to pay the full filing fee or submit the documents necessary to proceed in forma pauperis. Plaintiff's copy of that order, which was mailed to him at his last known address of Sullivan County Detention Center, was returned undelivered on November 26, 2014. Subsequent mail sent to plaintiff at that address has likewise been returned undelivered. 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/ Thomas W. Phillips United States District Judge

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