IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

JARIDCOBY BOHANNON, : : Petitioner, : : v. : : No. 4:21-cv-00025-CDL-MSH Sheriff GREG COUNTRYMAN, : : Respondent. : : _________________________________:

ORDER Petitioner Jaridcoby Bohannon filed a petition for a writ of habeas corpus. Pet. for Writ of Habeas Corpus, ECF No. 1. Although Petitioner filed his petition on a

form, it appeared that he was challenging a state court conviction, which would mean that his petition fell under

. Accordingly, Petitioner was previously ordered to complete and return a § 2254 form. Order, ECF No. 3. Petitioner was further ordered to either pay the $5.00 filing fee or move for leave to proceed in this action in forma pauperis. Id. Petitioner was given twenty-one days to comply with that order and was cautioned that his failure to do so could result in the dismissal of this action. Id. More than twenty-one days passed, and Petitioner did not comply with, or otherwise respond to, that order. Therefore, Petitioner was ordered to show cause why this case should not be dismissed based on Petitioner’s failure to recast his petition and either pay the $5.00 filing fee or move for leave to proceed in forma pauperis. Order to Show Cause, ECF No. 4. Petitioner was again given twenty-one days to respond and was cautioned that his failure to fully and timely respond would result in the dismissal of this action. Id. More than twenty-one days have now passed since the order to show cause was

entered, and Petitioner has not responded to that order. Moreover, mail sent to Petitioner at the Muscogee County Jail – the only address on file for Petitioner – has been returned to this Court as undeliverable. Mail Returned, ECF Nos. 5 & 6. Petitioner’s failure to keep the Court apprised of his current address constitutes a failure to prosecute this action, and insofar as this Court has no information as to Petitioner’s current whereabouts, this case cannot proceed.

Thus, because Petitioner has failed to respond to the Court’s orders or otherwise prosecute this case, his petition is now DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b); Brown v Tallahassee Police Dep’t,

(11th Cir. 2006) (per curiam) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”) (citing Fed. R. Civ. P. 41(b) and

Lopez v. Aransas Cty. Indep. Sch. Dist.,

(5th Cir. 1978)). SO ORDERED, this 10th day of May, 2021.

S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA

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