Curry v. Nevilles

United States District Court for the Southern District of Georgia

Curry v. Nevilles

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

RASHEJON CURRY, ) ) Plaintiff, ) ) v. ) CV421-160 ) SGT. NEVILLES, ) ) Defendant. )

ORDER The Court directed pro se plaintiff Rashejon Curry to show cause why his case should not be dismissed for his failure to respond to defendant’s Motion for Summary Judgment. Doc. 28. The deadline for him to respond to that Order has passed without any response. See generally docket. The Order has also been returned by the United States Post Office as undeliverable. Doc. 29. Curry has, therefore, failed to comply with the Court’s Order and failed to prosecute this case. A district court retains the inherent power to police its docket and to enforce its orders. Link v. Wabash Railroad Co.,

370 U.S. 626, 630-31

(1962); Mingo v. Sugar Cane Growers Co-op,

864 F.2d 101

, 102 (11th Cir. 1989); Jones v. Graham,

709 F.2d 1457, 1458

(11th Cir. 1983); Brown v. Tallahassee Police Dept.,

205 F. App’x 802, 802

(11th Cir. 2006). Under the Federal Rules of Civil Procedure, a complaint may be dismissed

either for failure to prosecute or for failure to comply with an order of the court. Fed. R. Civ. P. 41(b). Additionally, this Court’s Local Rules

provide that the Court may dismiss an action for want of prosecution when a party has “willful[ly] disobe[yed] . . . any order of the Court” or for “[a]ny other failure to prosecute a civil action with reasonable

promptness.” S.D. Ga. L.R. 41.1(b), (c). As the Court previously noted, failure to respond to a motion for summary judgment has been recognized as a failure to prosecute. See Wedgeworth v. Corizon Health,

2013 WL 4791619

, at *1 (S.D. Ala. Sept. 6, 2013). Moreover, the return of the Court’s show-cause Order indicates that Curry has failed to keep the Court apprised of his current address, in violation of the Local Rules. See

S.D. Ga. L. Civ. R. 11.1. He has therefore failed to comply with multiple rules and orders, and has apparently abandoned his case. Accordingly, Curry’s Amended Complaint is DISMISSED for

failing to obey a court order and failing to prosecute his case. Doc. 11. Defendant’s Motion for Summary Judgment is DISMISSED as moot. Doc. 20. The Clerk of Court is DIRECTED to CLOSE this case. SO ORDERED, this 3rd day of February, 2023. bin. CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

Reference

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