Dowdy v. State of Tennessee et al

Filing 8

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 10/4/16. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ANTHONY DURRELL DOWDY,
Plaintiff,
VS.
STATE OF TENNESSEE, ET AL.,
Defendants.

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No. 15-2769-JDT-cgc

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

On November 30, 2015, Plaintiff Anthony Durrell Dowdy, who was, at the time, incarcerated
at the Shelby County Correctional Center in Memphis, Tennessee, filed a pro se complaint pursuant
to 42 U.S.C. § 1983 and a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.) The Court
subsequently issued an order granting leave to proceed in forma pauperis and assessing the civil
filing fee pursuant to the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. §§ 1915(a)-(b). (ECF
No. 3.) That order also directed Plaintiff to immediately notify the Court, in writing, of any change
of address or whereabouts and warned that failure to do so could result in dismissal of the case
without further notice. (Id. at 3.) On August 15, 2016, the Court partially dismissed the complaint
but directed that process be issued and served on Defendant Hassett. (ECF No. 5.) Plaintiff was
again warned that failure to advise the Court of any change of address could result in dismissal of
the action. (Id. at 8.)
Plaintiff’s copy of the order of partial dismissal was returned undeliverable on August 29,
2016, marked “inmate discharged.” (ECF No. 7 at 2.) The most basic responsibility of a litigant

is to keep the Court advised of his whereabouts. Plaintiff was twice directed to do so in the Court’s
prior orders, 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 orders.
It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate
Procedure 24(a), that an appeal would not be taken in good faith. Leave to appeal in forma pauperis
is 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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