Smith v. Fitzgerald et al

Filing 6

ORDER: This action is hereby DISMISSED for failure to comply with the instructions of the Court and for want of prosecution. Signed by District Judge Aleta A. Trauger on 11/17/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JAMES DOUGLAS SMITH
Plaintiff,

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v.
IREANA FITZGERALD, et al.
Defendants.

No. 3:14-1902
Judge Trauger

O R D E R
By an order (Docket Entry No.2) entered October 8, 2014, the
pro se plaintiff was granted thirty (30) days in which to either
pay the filing fee of four hundred dollars ($400) or submit an
application to proceed in forma pauperis.
The plaintiff was forewarned that, in the event he failed to
comply with these instructions in a timely manner, the Court would
presume that he is not a pauper, assess the filing fee and order
its collection from his inmate trust account, and dismiss the
instant action for want of prosecution.
The thirty day period has expired and the plaintiff has not
yet complied with the instructions of the Court. Moreover, it
appears that the plaintiff has been released from custody without
providing the Court a forwarding address. See Docket Entry No.5.
Accordingly, this action is hereby DISMISSED for failure to
comply

with

the

instructions

of

the

Court

and

for

want

of

prosecution. McGore v. Wrigglesworth, 114 F.3d

601, 605 (6th Cir.

1997).
It is so ORDERED.

_____________________________
Aleta A. Trauger
United States District Judge