Smith v. State of Tennessee et al

Filing 9

MEMORANDUM OPINION dismissing this action without prejudice for plaintiff's 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. Signed by District Judge Thomas W Phillips on June 14, 2013. (mailed to Mr. Smith) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

JAMES DOUGLAS SMITH,
Plaintiff,
v.

3:13-cv-80

STATE OF TENNESSEE, et al.,
Defendants.

MEMORANDUM

This is a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983. Because the
plaintiff did not pay the $350.00 filing fee nor submit an application to proceed in forma
pauperis, plaintiff was given thirty days to pay the filing fee or to submit the proper
documents to proceed in forma pauperis. Plaintiff's copy of that order, which was mailed
to him at his last known address of Silverdale Detention Center, was returned undelivered
on May 17, 2013, 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 WITHOUT PREJUDICE for
plaintiff's failure to prosecute. 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 W. Phillips
United States District Judge

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