Jones v. Walker, No. 3:2012cv00437 - Document 10 (E.D. Tenn. 2012)
Court Description: MEMORANDUM OPINION that this action will be DISMISSED WITH PREJUDICE for plaintiff's failure to prosecute and to comply with the orders of this 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 November 14, 2012. (mailed to Mr. Jones) (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE DENNIS J. JONES, JR., Plaintiff, v. 3:12-cv-437 DAN WALKER, Defendant. MEMORANDUM This is a pro se prisoner's civil rights complaint under 42 U.S.C. ยง 1983. On October 29, 2012, the Court vacated a prior order of dismissal. Plaintiff's copy of that order, which was mailed to him at his last known address, was returned undelivered on November 5, 2012, with the notations "refused" and "unable to forward." 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. Fed. R. Civ. P. 41(b); Jourdan v. Jabe, 951 F.2d 108 (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 Fed. R. App. P. 24. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas W. Phillips United States District Judge
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