Cooper v. Finchum, No. 3:2010cv00346 - Document 11 (E.D. Tenn. 2011)

Court Description: MEMORANDUM OPINION dismissing this action 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 September 12, 2011. (mailed to Mr. Cooper at his last known address) (AYB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JERRY RAY COOPER, Plaintiff, v. 3:10-cv-346 TAMMY FINCHUM, 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. 8]. Plaintiff's copy of that order was returned undelivered. 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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