Abdul-Salim v. Settles et al, No. 3:2012cv00031 - Document 23 (E.D. Tenn. 2013)
Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge R Leon Jordan on 5/23/13. (c/m)(ABF)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE SADIQ HAFIZ ABDUL-SALIM #330282, a/k/a CHESTER L. WALLACE, Plaintiff, v. No.: 3:12-cv-31 DARREN SETTLES, et al., Defendants. MEMORANDUM This pro se prisoner's civil rights complaint under 42 U.S.C. ยง 1983 was dismissed with prejudice based upon plaintiff's failure to prosecute and plaintiff appealed. The Sixth Circuit found that the case should not have been dismissed with prejudice, but rather the court should have considered a lesser sanction such as dismissal without prejudice. The Sixth Circuit did not disturb the conclusion that the case should be dismissed for failure to prosecute. The Sixth Circuit then vacated the order of dismissal with prejudice and remanded for further proceedings. Accordingly, for the reasons stated in the court's prior Memorandum, this action will be DISMISSED WITHOUT 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. In addition, plaintiff will be assessed the full filing fee of $350.00 as set forth in the court's prior Memorandum. AN APPROPRIATE ORDER WILL ENTER. s/ Leon Jordan United States District Judge 2
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