Jones v. Walker

Filing 10

MEMORANDUM OPINION that this action will be DISMISSED WITH PREJUDICE for plaintiff's 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 November 14, 2012. (mailed to Mr. Jones) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DENNIS J. JONES, JR.,
Plaintiff,
v.

3:12-cv-437

DAN WALKER,
Defendant.
MEMORANDUM
This is a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983. On October
29, 2012, the Court vacated a prior order of dismissal. Plaintiff's copy of that order, which
was mailed to him at his last known address, was returned undelivered on November 5, 2012,
with the notations "refused" and "unable to forward." In the Court's initial order, plaintiff
was ordered to inform the Court immediately of any address changes. Plaintiff was also
advised that failure to provide a correct address within ten days following any change of
address would result in the dismissal of this action.
Accordingly, this action will be DISMISSED WITH PREJUDICE for plaintiff's
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