Myers v. Berrong et al (TVV)

Filing 4

MEMORANDUM. Signed by Chief District Judge Thomas A Varlan on 7/8/14. (c/m)(JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RANDALL MYERS,
Plaintiff,
v.
JAMES BERRONG, et al.,
Defendants.

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No.: 3:14-cv-230-TAV-CCS

MEMORANDUM
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 Blount County Detention Center, was returned
undelivered on June 17, 2014, with the notation "released." 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, sua
sponte, for 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 A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE