Opinion
No. 3:13-cv-734
02-18-2014
MORRIS LAMONTE MARSH, Plaintiff, v. DAVID SEXTON, et al., Defendants.
Judge Collier
MEMORANDUM
This is a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983. Because the 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. A copy of that Order, which was mailed to plaintiff at his last known address of Morgan County Correctional Complex, was returned undelivered on January 21, 2014, with the notation "return to sender." Plaintiff bears the burden of prosecuting his action, which includes informing the Court of his correct mailing address, and he has not done so.
Accordingly, this action will be DISMISSED WITHOUT PREJUDICE for plaintiff's failure to prosecute. 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. Fed. R. App. P. 24.
An appropriate order will enter.
__________
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE