SWISHER v. COUNTRYMAN

United States District Court for the Middle District of Georgia

SWISHER v. COUNTRYMAN

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

CHRISTOPHER M. SWISHER, : : Plaintiff, : : VS. : NO. 4:24-cv-150-CDL-AGH : Sheriff GREG COUNTRYMAN; : et al., : : Defendants. : :

ORDER

Plaintiff Christopher M. Swisher, a pretrial detainee in the Muscogee County Jail in Columbus, Georgia, filed a

42 U.S.C. § 1983

action and moved to proceed in forma pauperis. ECF No. 1; ECF No. 2. On December 2, 2024, the Court ordered Plaintiff to file a certified copy of his trust fund account statement. ECF No. 5. On December 18, 2024, this Order was returned to the Court as undeliverable. ECF No. 6. Jail officials noted on the envelope that Plaintiff was no longer incarcerated in the Muscogee County Jail.

Id.

A check of the Georgia Department of Corrections’ website reveals that Plaintiff is not currently incarcerated within the Georgia Department of Corrections. https://services.gdc.ga.gov/GDC/OffenderQuery/jsp/OffQryRedirector.jsp (last visited Dec. 30, 2024). Plaintiff has failed to provide the Court with any updated contact information. The Court has no way of locating Plaintiff. Due to Plaintiff’s failure to respond, failure to provide the Court with an updated address, and failure to prosecute this action, the case is hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t,

205 F. App’x 802, 802

(11th Cir. 2006) (first citing Fed. R. Civ. P. 41(b); then citing Lopez v. Aransas Cnty. Indep. Sch. Dist.,

570 F.2d 541, 544

(5th Cir. 1978)) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”). SO ORDERED, this 30th day of December, 2024.

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

Reference

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