Cooper v. Tennessee Department of Correction et al

Filing 8

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
WESTERN DIVISION
MONOLITO B. COOPER,
Plaintiff,
VS.
TENNESSEE DEPARTMENT OF
CORRECTION, ET AL.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 16-2305-JDT-cgc

ORDER DISMISSING CASE WITHOUT PREJUDICE

On May 6, 2016, the pro se Plaintiff, Monolito B. Cooper, filed a civil complaint
pursuant to 42 U.S.C. § 1983 and a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.)
At the time, Plaintiff was a prisoner in the custody of the Tennessee Department of
Correction (“TDOC”) at the South Central Correctional Facility in Clifton, Tennessee. The
Court issued an order on May 12, 2016, 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.) 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.)
The TDOC Felony Offender Information website indicates that Plaintiff is no longer
in state custody.

See https://apps.tn.gov/foil-app/search.jsp.

submitted no change of address.

However, Plaintiff has

The most basic responsibility of a litigant is to keep the Court advised of his
whereabouts. Plaintiff was directed to do so in the May 12, 2016, order but has failed to
notify the Court of his current address. 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

2