Banks v. Schofield et al
ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge James D. Todd on 1/3/2017. (Todd, James)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
DANNY RAY BANKS a/k/a
DANNY R. DAVIS,
DERRICK D. SCHOFIELD, ET AL.,
ORDER DISMISSING CASE WITHOUT PREJUDICE
On October 15, 2015, the pro se prisoner Plaintiff, Danny Ray Banks a/k/a Danny R.
Davis, filed a civil complaint pursuant to 42 U.S.C. § 1983 and a motion to proceed in forma
pauperis. (ECF Nos. 1, 2 & 3.) At the time, Plaintiff was incarcerated at the West Tennessee
Detention Facility (“WTDF”) in Mason, Tennessee. The Court issued an order on October
16, 2015, granting leave to proceed in forma pauperis and assessing the civil filing fee
pursuant to 28 U.S.C. §§ 1915(a)-(b). (ECF No. 6.) That order also directed Plaintiff to
immediately notify the Court of any changes of address and warned that failure to do so
could result in dismissal of this action without further notice. (Id. at 3.)
On November 23, 2015 and on December 7, 2015, Plaintiff notified the Court of
address changes. (ECF Nos. 13 & 14.) Subsequently, on September 26, 2016, the Court
issued an order denying Plaintiff’s motion for appointment of counsel and his motion for an
extension of time to submit summonses. (ECF No. 19.) That order, mailed to Plaintiff’s
latest address of record, was returned undeliverable on October 5, 2016. (ECF No. 20.)
However, Plaintiff has submitted no further change of address.
The most basic responsibility of a litigant is to keep the Court advised of his
whereabouts. Plaintiff was directed to do so in the October 16, 2015, order but has failed to
notify the Court of his current location. Therefore, it appears Plaintiff has abandoned this
action. Accordingly, this case is hereby DISMISSED without prejudice, pursuant to Federal
Rule of Civil Procedure 41(b), for failure to comply with the Court’s order.
It is also CERTIFIED, pursuant to Federal Rule of Appellate Procedure 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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