Bright v. Daughtery (VVV)

Filing 4

MEMORANDUM: This action will be DISMISSED WITHOUT PREJUDICE for 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 Pamela L Reeves on 10/21/14. (JBR) (c/m) Modified text on 10/21/2014 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

CORY SHANE BRIGHT,
Plaintiff,
v.
JANET DAUGHTERY,
Defendant.

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No.: 3:14-cv-330-PLR-HBG

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 the Blount County Detention Center, was
returned undelivered on August 11, 2014, 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
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.

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UNITED STATES DISTRICT JUDGE

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