Ensinger v. Sevier County Jail et al, No. 3:2019cv00252 - Document 7 (E.D. Tenn. 2019)
Court Description: MEMORANDUM OPINION. This action will be DISMISSED for want of prosecution. An appropriate order will enter. Signed by District Judge Curtis L Collier on 8/12/2019. (AML) Mailed to Corey Ensinger at l/k/a
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Ensinger v. Sevier County Jail et al Doc. 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE COREY T ENSINGER, Plaintiff, v. SEVIER COUNTY JAIL, SEVIER COUNTY SHERIFF’S DEPARTMENT and QUALITY CORRECTIONAL HEALTH CARE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No.: 3:19-CV-252-CLC-HBG MEMORANDUM OPINION This is a pro se prisoner’s civil rights action under 42 U.S.C. § 1983. This matter is before the Court upon postal return of an order the Court mailed to Plaintiff at the address Plaintiff provided to the Court. The postal authorities returned two pieces of mail to the Court more than two weeks ago with the envelopes marked “RETURN TO SENDER, RELEASED TO REHAB” [Doc. 5 p. 3, Doc. 4]. Accordingly, it is clear that Plaintiff has failed to provide the Court with notice of his correct address and, without his correct and current address, neither the Court nor Defendants can communicate with him regarding his case. Accordingly, this action will be DISMISSED for want of prosecution. Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) (recognizing court’s authority to dismiss a case sua sponte for lack of prosecution); White v. City of Grand Rapids, No. 01-229234, 34 F.App’x 210, 211, 2002 WL 926998, at *1 (6th Cir. May 7, 2002) (finding that pro se prisoner’s complaint “was subject to dismissal for want of prosecution because he failed to keep the district court apprised of his current address”); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991). Dockets.Justia.com The Court CERTIFIES 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/ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE 2
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