French v. Benton Co. Sheriff Dept. et al

Filing 13

ORDER DISMISSING CASE; CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH; AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS. Signed by Judge James D. Todd on 2/4/2015. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DARRELL LYNN FRENCH,
Plaintiff,
VS.
BENTON COUNTY, ET AL.,
Defendants.

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No. 14-1208-JDT-egb

ORDER DISMISSING CASE,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

The pro se Plaintiff, Darrell Lynn French, filed a complaint pursuant to 42 U.S.C.
§ 1983 on August 25, 2014, accompanied by a motion seeking leave to proceed in forma
pauperis. (ECF Nos. 1 & 2.) At the time, Plaintiff was incarcerated at the Benton County
Jail (“Jail”) in Camden, Tennessee. The Court subsequently issued an order granting leave
to proceed in forma pauperis and assessing the civil filing fee pursuant to 28 U.S.C.
§§ 1915(a)-(b). (ECF No. 4.) The order also directed Plaintiff to immediately notify the
Court of any change of address and warned that failure to do so could result in dismissal of
this action without further notice. (Id. at 3.)
On December 12, 2014, the Court dismissed portions of the complaint and directed
the Clerk to issue process for the remaining Defendants, Pat Chandler and Tony King. (ECF

No. 8.)1 A copy of that order was sent to Plaintiff at the Jail, but was returned as
undeliverable on December 22, 2014, marked “refused.” (ECF No. 11.) Also on December
22, 2014, the Clerk received a letter from the Benton County Sheriff’s Office advising that
Plaintiff was no longer at the Jail. (ECF No. 12.)
The most basic responsibility of a litigant is to keep the Court advised of his
whereabouts. Plaintiff was directed to do so in the Court’s August 26, 2014, order, but he
has failed to submit any change of address. Therefore, it appears Plaintiff has abandoned this
action. Accordingly, this case is hereby DISMISSED pursuant to Federal Rule of Civil
Procedure 41(b) for failure to comply with the Court’s order.
It is also CERTIFIED, pursuant to Fed. R. App. P. 24(a), that any appeal in this matter
by Plaintiff would not be taken in good faith. Leave to proceed on appeal in forma pauperis
is, therefore, DENIED. The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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The process issued for both Defendants was returned unexecuted on December 15,
2014. (ECF No. 10.)
2