Abdul-Salim v. Settles et al
Filing
23
MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge R Leon Jordan on 5/23/13. (c/m)(ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
SADIQ HAFIZ ABDUL-SALIM #330282,
a/k/a CHESTER L. WALLACE,
Plaintiff,
v.
No.:
3:12-cv-31
DARREN SETTLES, et al.,
Defendants.
MEMORANDUM
This pro se prisoner's civil rights complaint under 42 U.S.C. ยง 1983 was dismissed
with prejudice based upon plaintiff's failure to prosecute and plaintiff appealed. The Sixth
Circuit found that the case should not have been dismissed with prejudice, but rather the
court should have considered a lesser sanction such as dismissal without prejudice. The
Sixth Circuit did not disturb the conclusion that the case should be dismissed for failure to
prosecute. The Sixth Circuit then vacated the order of dismissal with prejudice and
remanded for further proceedings. Accordingly, for the reasons stated in the court's prior
Memorandum, this action will be DISMISSED WITHOUT PREJUDICE for failure to
prosecute. The court will CERTIFY 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. In addition, plaintiff will be assessed the full filing fee of $350.00 as set forth in
the court's prior Memorandum.
AN APPROPRIATE ORDER WILL ENTER.
s/ Leon Jordan
United States District Judge
2
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