Dalton v. Pitts

Filing 25

MEMORANDUM. Judgment Order to follow Signed by District Judge Harry S Mattice, Jr on 7/13/09. (JGK, ) Copy mailed to all non-ecf parties

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF TENNESSEE A T WINCHESTER

C H A R L E S DALTON, P l a i n t i ff , v. M IK E PITTS, D e fen d a n t.

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N o . 4:08-cv-51 M a ttic e

MEMORANDUM

I n this pro se prisoner's civil rights action, the plaintiff was ordered to show cause why th is action should not be dismissed for failure to prosecute and to comply with the orders of th is court. [Court File No. 24]. The plaintiff has failed to respond to the court's order within th e time required. Accordingly, this action will be DISMISSED WITH PREJUDICE for f a il u r e to prosecute and to comply with the orders of the court. Rule 41(b) of the Federal R u le s of Civil Procedure. See Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991); Carver v. B u n c h , 946 F.2d 451 (6th Cir. 1991). The court will CERTIFY that any appeal from this a c tio n would not be taken in good faith and would be totally frivolous. See Rule 24 of the F e d e ra l Rules of Appellate Procedure.

A N APPROPRIATE ORDER WILL ENTER. /s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE