Vurgess v. Best

United States District Court for the Southern District of Georgia

Vurgess v. Best

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

FRANK B. VURGESS, JR., ) ) Plaintiff, ) ) v. ) CV420-298 ) OFFICER J. BEST, ) ) Defendant. )

ORDER The Court directed pro se plaintiff Frank B. Vurgess, Jr. to show cause why his case should not be dismissed for his failure to prosecute after he failed to respond to Defendant’s Motion for Summary Judgment. See doc. 29. The Court also noted that it appeared that Vurgess had failed to keep the Court apprised of his current address, in violation of the Local Rules. Id. at 2. The deadline for him to respond to the Order has passed without any response. See generally docket. Moreover, the Order has been returned by the United States Post Office as undeliverable. See doc. 30. He has, therefore, failed to comply with the Court’s Order and its Local Rules, and has 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). Vurgess’s failure to comply with the Court’s orders, failure to comply with the Local Rules, and general failure to prosecute this case warrant dismissal.

Accordingly, Vurgess’ Complaint is DISMISSED for failing to obey a court order, the Local Rules, and to prosecute his case. Doc. 1. Defendant’s Motion for Summary Judgment is DISMISSED as moot. Doc. 23. The Clerk of Court is DIRECTED to CLOSE this case. SO ORDERED, this 28th day of March, 2028.

Laon. CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

Reference

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