Mosley v. Batts et al

Filing 26

ORDER DISMISSING CASE WITHOUT PREJUDICE, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS 24 25 . Signed by Judge James D. Todd on 9/8/21. (skc)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ROY CAMPANELLA MOSLEY,
Plaintiff,
VS.
MYRON L. BATTS, ET AL.,
Defendants.

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No. 17-2168-JDT-cgc

ORDER DISMISSING CASE WITHOUT PREJUDICE,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH,
AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

The pro se prisoner Plaintiff, Roy Campanella Mosley, filed this civil action while
he was incarcerated at the Federal Correctional Institution in Memphis, Tennessee. On
March 10, 2017, the Court granted leave to proceed in forma pauperis and assessed the
filing fee pursuant to 28 U.S.C. §§ 1915(a)-(b). (ECF No. 4.) The Court also ordered
Mosley to promptly notify the Court of any change of address and warned that failure to
do could result in the case being dismissed without further notice. (Id. at PageID 20.)
The Court subsequently dismissed the case for failure to state a claim pursuant to
28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) and entered judgment. (ECF Nos. 9 &
10.) On appeal, the Sixth Circuit Court of Appeals vacated the judgment and remanded
for this Court to give Mosley the opportunity to file an amended complaint. Mosley v.
Batts, No. 19-5355, 2019 WL 8399882 (6th Cir. Nov. 19, 2019). The case was duly

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re-opened and Mosley was granted leave to amend (ECF No. 17); the Court also granted
two extensions of time to amend. (ECF Nos. 19 & 21.)
On March 23, 2020, Mosley filed another motion for extension of time, stating the
prior orders all “seem[] to reach him near or after the time the court has allowed.” (ECF
No. 24 at PageID 95.) He did not, however, include a proposed amendment. In addition,
Mosley filed a motion on June 15, 2020, asking the Court to stay the case until he can
obtain counsel. (ECF No. 25.) At the time, he was incarcerated at the U.S. Penitentiary in
Atlanta, Georgia (USP Atlanta). (Id. at PageID 106.)
A search of the Federal Bureau of Prisons inmate locator shows Mosley is no longer
incarcerated at USP Atlanta. The most basic responsibility of a litigant is to keep the Court
advised of his whereabouts, and Mosley did notify the Court of three prior changes of
address. (ECF No. 6 at PageID 26; ECF No. 20 at PageID 81; ECF No. 24-1 at PageID
105.) Despite that previous compliance, Mosley has failed to provide a current address.
He therefore appears to have abandoned this action.

Consequently, the case is

DISMISSED WITHOUT PREJUDICE in its entirety for failure to comply with the Court’s
March 10, 2017 order, pursuant to Federal Rule of Civil Procedure 41(b).
It is CERTIFIED that an appeal in this matter by Mosley 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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