Eads v. Tennessee Department of Corrections et al, No. 3:2011cv00029 - Document 34 (E.D. Tenn. 2013)
Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge R Leon Jordan on 3/4/13. (c/m)(ABF)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE MITCHELL EADS, Plaintiff, v. No.: 3:11-cv-29 Judge Jordan TENNESSEE DEPARTMENT OF CORRECTION, et al., Defendants. MEMORANDUM This is a pro se prisoner's civil rights action brought pursuant to 42 U.S.C. ยง 1983. By the Scheduling Order entered in this cause, the plaintiff was ordered to file his Pretrial Narrative Statement on or before February 19, 2013. The plaintiff was advised that failure to file a Pretrial Narrative Statement would result in dismissal of plaintiff's complaint for failure to prosecute and to comply with the orders of the Court. The plaintiff has failed to file his Pretrial Narrative Statement or otherwise respond to the Scheduling Order. 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. 1 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/ Leon Jordan United States District Judge 2
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