Weiss v. White, No. 3:2011cv00043 - Document 15 (E.D. Tenn. 2011)

Court Description: MEMORANDUM AND OPINION as set forth in following order.Signed by District Judge Thomas A Varlan on 6/1/11. (c/m)(ABF)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE MICHAEL E. WEISS, Plaintiff, v. No.: 3:11-cv-43 (VARLAN/GUYTON) SHERIFF PAUL WHITE, Defendant. MEMORANDUM This is a pro se prisoner's civil rights action pursuant to 42 U.S.C. ยง 1983. On April 12, 2011, the court granted the defendant's motion for an extension of time. Plaintiff's copy of that order, which was mailed to him at his last known address of Anderson County Detention Facility, was returned undelivered on April 28, 2011, with the notation "return to sender not at this facility." 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. 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 A. Varlan UNITED STATES DISTRICT JUDGE 2

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