Opinion
No.: 3:12-cv-087
05-31-2012
MARIO CHRISTOPHER GRAY #332713. Plaintiff, v. TENNESSEE DEPT. OF CORRECTIONS. et al., Defendants.
(VARLAN/SHIRLEY)
MEMORANDUM
This is a pro se civil rights complaint under 42 U.S.C. § 1983. Plaintiff filed the complaint while in the custody of the Tennessee Department of Correction; he has since been released from custody. Because plaintiff did not pay the $350.00 filing fee nor submit an application to proceed in forma pauperis. plaintiff was given thirty days to pay the filing fee or to submit the proper documents to proceed in forma pauperis. The plaintiff has failed to respond to the Court's Order within the time required. Accordingly, this action will be DISMISSED WITH PREJUDICE for failure to prosecute and to comply with the Orders of the Court. See McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997).
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.
Thomas A. Varlan
UNITED STATES DISTRICT JUDGE