Goins v. Goins et al
Filing
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MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Thomas W Phillips on 11/4/15. (c/m)(ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
PAUL EDWARD GOINS,
Plaintiff,
v.
ROBBIE GOINS, CAPTAIN ERIC JONES,
and LT. RANDY COMER
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No.: 2:15-CV-240-TWP-MCLC
Defendants.
MEMORANDUM AND ORDER
This is a prisoner’s pro se civil rights action under 42 U.S.C. §1983. This matter is
before the Court upon postal return of an order the Court mailed to Plaintiff at the address
Plaintiff provided to the Court. The postal authorities returned two pieces of the mail to the
Court more than ten days ago [Docs. 4 and 6]. Both pieces of mail were returned to the Court
with envelopes marked “Return to Sender, Refused, Unable to Forward” [Doc. 4 p. 1; Doc. 6 p.
1]. Accordingly, it is clear that Plaintiff has failed to provide the Court with notice of his correct
address and, without his correct and current address, neither the Court nor Defendants can
communicate with him regarding his case.
Accordingly, this action will be DISMISSED for failure to prosecute. Fed. R. Civ. P.
41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) (recognizing court’s authority to
dismiss a case sua sponte for lack of prosecution); White v. City of Grand Rapids, No. 01229234, 34 F.App’x 210, 211, 2002 WL 926998, at *1 (6th Cir. May 7, 2002) (finding that pro
se prisoner’s complaint “was subject to dismissal for want of prosecution because he failed to
keep the district court apprised of his current address”); Jourdan v. Jabe, 951 F.2d 108 (6th Cir.
1991).
The Court CERTIFIES that any appeal from this action would not be taken in good faith
and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure.
An appropriate order will enter.
ENTER:
s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE
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