Williams v. Schofield et al, No. 3:2012cv00667 - Document 42 (E.D. Tenn. 2013)

Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 10/25/13. (c/m)(ABF)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JAMES DILLON WILLIAMS, Plaintiff, v. No.: 3:12-cv-667 (VARLAN/GUYTON) DERRICK SCHOFIELD, et al., Defendants. MEMORANDUM This is a pro se prisoner's civil rights action pursuant to 42 U.S.C. ยง 1983. On September 16, 2013, the Court granted the defendant's motion for extension of time to answer. Plaintiff's copy of that order, which was mailed to him at his last known address of Morgan County Correctional Complex, was returned undelivered on September 26, 2013, with the notation "parole." In the Court's initial order, plaintiff was ordered to inform the Court immediately of any address changes. Plaintiff was also advised that failure to provide a correct address within ten days following any change of address would result in the dismissal of this action. Accordingly, this action will be DISMISSED WITH PREJUDICE for plaintiff's failure to prosecute and to comply with the orders of this court. Fed. R. Civ. P. 41(b); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991). The Court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. See Fed. R. App. P. 24. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas A. Varlan CHIEF UNITED STATES DISTRICT JUDGE 2

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