BEY v. GRIFFIN

United States District Court for the Middle District of Georgia

BEY v. GRIFFIN

Trial Court Opinion

FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

RAHIM BEY, : : Petitioner, : : V. : NO. 3:23-cv-00014-CDL-CHW : STEVIE GRIFFIN, : : Respondent. : _________________________________:

ORDER OF DISMISSAL

Petitioner Rahim Bey, a detainee in the Greene County Jail in Greensboro, Georgia, filed a petition for a writ of habeas corpus. Pet. for Writ of Habeas Corpus, ECF No. 1. After that item was docketed, correspondence from this Court to Petitioner at the Greene County Jail – the only address on file for Petitioner – was returned to this Court as undeliverable. Mail Returned, ECF No. 3. Petitioner’s failure to notify the Clerk of Court of a change in address constitutes a failure to prosecute his claims, and insofar as this Court has no information regarding Petitioner’s current whereabouts, the present action cannot proceed. Out of an abundance of caution, Petitioner was ordered to show cause to the Court why this case should not be dismissed for failure to keep the Court apprised of his current address. Order to Show Cause, ECF No. 4. Petitioner was given fourteen days to respond and was cautioned that his failure to do so would likely result in the dismissal of this case. Id. That order was also returned as undeliverable, Mail Returned, ECF No. 5, and Petitioner has not responded to the order or otherwise made contact with this Court. prosecute this case, his petition is now DISMISSED WITHOUT PREJUDICE. See

Fed. R. Civ. P. 41(b); Brown v Tallahassee Police Dep’t,

205 F. App’x 802, 802

(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.,

570 F.2d 541, 544

(5th Cir. 1978)). SO ORDERED, this 27th day of April, 2023.

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

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