United States District Court, S.D. Georgia, Statesboro Division
June 18, 2015
JAMIL L. JENKINS, Plaintiff,
EMANUEL COUNTY JAIL; MARION SHAW; FAYE CLAYTON; WESLEY BEDGOOD; and ELLICE WHEELER, Defendants.
J. RANDAL HALL, District Judge.
After an independent and de novo review of the entire record, the undersigned CONCURS with and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of Court. Plaintiff's Complaint is DISMISSED, without prejudice. The Clerk of Court is directed to CLOSE this case.
Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983, (doc. 1), to contest certain conditions of his confinement at the Emanuel County Jail in Swainsboro, Georgia. Along with his Complaint, Plaintiff filed a Motion to Proceed In Forma Pauperis, (doc. 2). Plaintiff's Motion was granted by Order dated January 21, 2015. (Doc. 3.) Plaintiff was informed by the Court's January 21, 2015, Order of his obligation to inform the Court, in writing, of any change of address and that if he failed to do so, the Court would dismiss his case. (Doc. 3, p. 3.) By Order dated March 23, 2015, Plaintiff was advised, inter alia, that his failure to follow the Court's January 21, 2015, Order may result in the dismissal of his cause of action. (Doc. 6, p. 2.)
The Court's March 23, 2015, Order was returned to the Court on April 2, 2015 marked "undeliverable", because Plaintiff was no longer housed at the Emanuel County Jail. (Doc. 7.) However, Plaintiff failed to inform the Court, in writing or otherwise, of any new or different address, and the address Plaintiff originally provided the Court is still listed upon the docket and record of this case as his only proper mailing address. The Court issued another Order dated May 7, 2015, (doc. 8), which was mailed to Plaintiff at the Emanuel County Jail the following day. That Order was returned to the Court on May 19, 2015. (Docket Entry dated May 19, 2015.)
Given Plaintiff's failure to provide a proper mailing address, on May 22, 2015, United States Magistrate Judge R. Stan Baker issued a Report recommending Plaintiff's Complaint be dismissed, without prejudice. The Magistrate Judge cited Plaintiff's failure to follow the Court's instructions and his failure to prosecute his cause of action as grounds for dismissal. (Doc. 10.) On this same date, the Clerk's Office noted it was unable to mail a copy of the Magistrate Judge's Report and Recommendation to Plaintiff because his whereabouts were unknown. (Second Docket Entry dated May 22, 2015.) Plaintiff failed to file any Objections to the Report and Recommendation.
It is a long-established principle that this Court has the authority to dismiss an action sua sponte for a plaintiff's failure to prosecute his action and his failure to follow the Court's orders. Fed.R.Civ.P. 41(b); L.R. 41.1(b) (The Court may sua sponte dismiss "any action for want of prosecution, with or without prejudice[ ]" based on a party's "[w]illful disobedience or neglect of any order of the Court[.]"); Link v. Wabash Railroad Company, 370 U.S. 626 (1962). While the Court exercises this authority with caution, dismissal is appropriate in the case at hand. Without a proper address for Plaintiff, the Court has no means to adjudicate the merits of his claims. Moreover, he was given ample notice of his obligation to inform this Court of any change of address, and he failed to do so.
The Magistrate Judge's Report and Recommendation, (doc. 10), is adopted as the opinion of the Court. Due to Plaintiff's failure to prosecute this action and his failure to follow the instructions of this Court, his Complaint, (doc. 1), is hereby DISMISSED, without prejudice. The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case.