Chavez v. Henson
Chavez v. Henson
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
ELIJAH HAWKE CHAVEZ, ) ) Plaintiff, ) ) v. ) CV421-231 ) CORRECTIONAL OFFICER ) HENSON, ) ) Defendant. )
ORDER The Court directed pro se plaintiff Elijah Hawke Chavez to show cause why his case should not be dismissed for his failure to keep the Court apprised of his current address. See doc. 15. The Court expressly advised him that failure to respond to the Order would result in dismissal. Id. at 2-3 (citing Fed. R. Civ. P. 41(b)). The deadline passed over a month ago without any response. See generally docket. He 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.” §.D. Ga. L.R. 41.1(b), (c). Chavez’s failure to keep the Court apprised of his address and to respond to the Court’s Order
warrant dismissal. Accordingly, Chavez’s Complaint is DISMISSED for failing to obey
a court order and to prosecute his case. Doc. 1. Defendant’s Motions to Dismiss and to Stay are DISMISSED as moot. Docs. 22 & 23. The Clerk of Court is DIRECTED to CLOSE this case. SO ORDERED, this 30th day of March, 2023.
buighond. lies CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
Reference
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