Ernest v. Cantrell et al (TVV)

Filing 6

MEMORANDUM AND OPINION as set forth in following order.Signed by District Judge Thomas A Varlan on 9/10/12. (c/m)(ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JEFFERY A. ERNEST,
Plaintiff,
v.

No.:

3:12-cv-268
(VARLAN/SHIRLEY)

OFFICER CANTRELL and
OFFICER COPPENGER,
Defendants.
MEMORANDUM
This is a pro se prisoner's civil rights action pursuant to 42 U.S.C. § 1983. On August
14, 2012, the Court directed plaintiff to amend his complaint to state a claim against the
defendants. Plaintiff's copy of that order, which was mailed to him at his last known address
of Blount County Detention Center, was returned undelivered on August 20, 2012, with the
notation "not at this address." 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 WITH PREJUDICE for plaintiff's
failure to prosecute and to comply with the orders of the 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. Fed. R. App. P. 24
AN APPROPRIATE ORDER WILL ENTER.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE