Cooper v. Seals et al, No. 3:2011cv00336 - Document 5 (E.D. Tenn. 2011)
Court Description: MEMORANDUM AND OPINION as set forth in following order.Signed by District Judge R. Leon Jordan on 10/21/11. (c/m)(ABF) Modified Judge on 10/21/2011 (ABF).
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JERRY RAY COOPER, Plaintiff, v. 3:11-cv-336 RON SEALS and TAMMY FINCHUM, Defendants. MEMORANDUM This is a pro se prisoner's civil rights action. On July 27, 2011, the U.S. Magistrate Judge entered an order finding the case was related to a previous case filed by plaintiff. Plaintiff's copy of that order, which was mailed to him at his last known address of Sevier County Jail, was returned undelivered on August 5, 2011, with the notation "not here." Plaintiff bears the burden of prosecuting his action, which includes informing the court of his correct mailing address, and he has not done so. Accordingly, this action will be DISMISSED WITH PREJUDICE for failure to prosecute. 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
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