Zachary v. Wilcher

United States District Court for the Southern District of Georgia

Zachary v. Wilcher

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

THOMAS MARION ZACHARY, ) ) Plaintiff, ) ) v. ) CV423-246 ) SHERIFF JOHN T. ) WILCHER, et al., ) ) Defendants. )

ORDER Pro se plaintiff Thomas Marion Zachary filed this

42 U.S.C. § 1983

action related to his arrest and subsequent detention at Chatham County Detention Center. See generally doc. 12. The Court screened his Complaint, discussed defects in several of the claims asserted, and directed him to file an Amedned Complaint by November 9, 2023. See

id. at 9

. The Court expressly warned him that failure to comply timely would subject his case to dismissal.

Id. at 9-10

. He has not complied. See generally docket. His Complaint is, therefore, DISMISSED. Doc. 1. 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). Zachary’s failure to to comply with the Court’s Order warrants dismissal. Accordingly, his Complaint is DISMISSED for failing to obey a court order and failing to prosecute his case. Doc. 1. The Clerk of Court is DIRECTED to CLOSE this case. SO ORDERED, this 7th day of December, 2023.

Atgho~ lies CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

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