McPherson v. Benedict
McPherson v. Benedict
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION
BRENTREZ JARMYKUS ) MCPHERSON, ) ) Plaintiff, ) ) v. ) CV624-020 ) POPE BENEDICT, et. al., ) ) Defendants. )
ORDER The Court previously directed pro se plaintiff Brentrez Jarmykus McPherson to submit an Amended Complaint. See doc. 17 at 10-11. He failed to comply. See generally docket. However, he does not appear to have abandoned this case. See, e.g., docs. 19, 20 & 21. Given that he has notified the Clerk of a change of address, see docs. 20 & 21, it is possible that the original Order did not reach him. Thus, an immediate recommendation of dismissal for his failure to comply with the Court’s Order is not appropriate. See, e.g., Betty K Agencies, Ltd. v. M/V MONADA,
432 F.3d 1333, 1338(11th Cir. 2005) (recognizing dismissal pursuant to Rule 41(b) “is an extreme sanction”). Accordingly, the Court will provide him with one final opportunity to comply. The Clerk is DIRECTED to enclose a copy of the Court’s prior Order, doc. 17, with the service copy of this Order, for McPherson’s convenience. McPherson is DIRECTED to submit an Amended Complaint clarifying his allegations by no later than June 9, 2025. To facilitate his preparation of the Amended Complaint, the Clerk is DIRECTED to send him a blank Form Pro Se 14 (Complaint for Violation of Civil Rights (Prisoner)). McPherson is advised that his amended complaint will supersede the current operative complaint and therefore
must be complete in itself. See Varnes v. Local 91, Glass Bottle Blowers Ass’n of U.S. & Canada,
674 F.2d 13865, 13870 n. 6 (11th Cir. 1982). McPherson is advised that failure to timely comply with this Order will result in a recommendation of dismissal. Fed. R. Civ. P. 41(b). SO ORDERED, this 19th day of May, 2025. LeighesA. ag CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
Reference
- Status
- Unknown