Ray v. Mills et al, No. 3:2010cv00208 - Document 13 (E.D. Tenn. 2011)
Court Description: MEMORANDUM OPINION noting plaintiff has failed to respond to the court's order within the time required. Accordingly, this action will be dismissed with prejudice for failure to prosecute and to comply with the orders of the court. The court will certify that any appeal from this action would not be taken in good faith and would be totally frivolous. Signed by District Judge Thomas W Phillips on August 17, 2011. (mailed to Mr. Ray) (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE NORRIS RAY, Plaintiff, v. 3:10-cv-208 FAYE JEFFERS, Defendant. MEMORANDUM In this pro se prisoner's civil rights action, the plaintiff was ordered to show cause why this action should not be dismissed for failure to prosecute and to comply with the orders of this court. [Court File No. 12]. The plaintiff has failed to respond to the court's order within the time required. Accordingly, this action will be DISMISSED WITH PREJUDICE for failure to prosecute and to comply with the orders of the court. Rule 41(b) of the Federal Rules of Civil Procedure. See Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991); Carver v. Bunch, 946 F.2d 451 (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 Rule 24 of the Federal Rules of Appellate Procedure. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas W. Phillips United States District Judge
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