Poplin v. Osbourne et al

Filing 24

MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 10/8/13. (c/m)(ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DAVID EDWARD POPLIN, JR.,
Plaintiff,
v.

No.:

3:12-cv-164
(VARLAN/GUYTON)

DAVID OSBORNE, et al.,
Defendants.
MEMORANDUM
In this pro se prisoner's civil rights action, the plaintiff was ordered to show cause why
this action should not be dismissed for failure to prosecute and to comply with the orders of
this Court. [Doc. 22]. The plaintiff has failed to respond to the Court's order within the time
required. Accordingly, this action will be DISMISSED WITH PREJUDICE for failure to
prosecute and to comply with the orders of the Court. Rule 41(b) of the Federal Rules of
Civil Procedure. See Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991); Carver v. Bunch, 946
F.2d 451 (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 Rule 24 of the Federal Rules
of Appellate Procedure.
AN APPROPRIATE ORDER WILL ENTER.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE