McClain v. State of Tennessee et al (REM)
MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 9/11/17. (c/m)(ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JEFFREY DEAN McCLAIN,
This is a pro se prisoner’s complaint for violation of 42 U.S.C. § 1983. On July 27, 2017,
the Court entered an order that required Plaintiff to show cause within fifteen days of entry as to
why this matter should not be dismissed for failure to comply with the Court’s orders and for want
of prosecution [Doc. 6]. The mail sent to Plaintiff with that show cause order was returned as
undeliverable [Doc. 7] and Plaintiff has not responded to the order or otherwise communicated
with the Court. It is therefore clear that Plaintiff has failed to provide the Court with notice of his
correct address. Without his correct and current address, the Court cannot communicate with him
regarding his case. The Court previously ordered Plaintiff to inform the Court of any address
changes immediately and warned Plaintiff that failure to provide a correct address within fourteen
days may result in the dismissal of this action [Doc. 5].
Accordingly, this action will be DISMISSED for failure to comply with orders of the Court
and for want of prosecution. Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31
(1962) (recognizing court’s authority to dismiss a case sua sponte for lack of prosecution); White
v. City of Grand Rapids, No. 01-229234, 34 F. App’x 210, 211, 2002 WL 926998, at *1 (6th Cir.
May 7, 2002) (finding that pro se prisoner’s complaint “was subject to dismissal for want of
prosecution because he failed to keep the district court appraised of his current address”); Jourdan
v. Jabe, 951 F.2d 108 (6th Cir. 1991).
The Court CERTIFIES that any appeal from this action would not be taken in good faith
and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure.
AN APPROPRIATE ORDER WILL ENTER.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?