Opinion
No.: 3:13-cv-41 (VARLAN/GUYTON)
06-11-2013
DAVID MANTEY, Plaintiff, v. GARY HAMBY, et al., Defendants.
MEMORANDUM
On May 13, 2013, plaintiff was ordered to complete and return the service packets for defendants Gary Hamby and Robert Gibson within 20 days. Plaintiff was forewarned that failure to return the completed service packets could jeopardize his prosecution of this action. Plaintiff has failed to return the service packets or otherwise respond to the order of this Court. Therefore, this action will be DISMISSED WITHOUT PREJUDICE, sua sponte, for 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.
Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE