Sherwood v. Sexton

Filing 11

MEMORANDUM AND ORDER: This action will be DISMISSED for want of prosecution and failure to comply with Court orders. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Pamela L Reeves on 3/29/16. (JBR) Modified to reflect c/m on 3/29/2016 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JASON SHERWOOD,
Plaintiff,
v.
CAPTAIN GIBSON, CORRECTIONS
OFFICER KING, CODY JORDAN, and
JAMES HICKS,
Defendants.

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No.: 3:15-CV-135-PLR-CCS

MEMORANDUM AND ORDER
This is a prisoner’s pro se civil rights action under 42 U.S.C. §1983. The matter is before
the Court upon postal return of an order the Court mailed to Plaintiff at the address Plaintiff
provided to the Court. The postal authorities returned the mail to the Court more than two weeks
ago with the envelope marked “RETURN TO SENDER, Out” [Doc. 10 p. 2]. It is therefore
clear that Plaintiff has failed to provide the Court with notice of his correct and current address.
Without this information, neither the Court nor Defendants can communicate with Plaintiff
regarding this case. The Court previously ordered Plaintiff to immediately inform the Court and
Defendants or their counsel of record of any address changes in writing and warned Plaintiff that
failure to do so within ten days of any change of address may result in dismissal of this action
[Doc. 6 p. 7].
Accordingly, this action will be DISMISSED for want of prosecution and failure to
comply with Court orders. 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 apprised 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.
ENTER:

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UNITED STATES DISTRICT
A S
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UNITED STATES DISTRICT JUDGE

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