Brewer v. Houston County Jail et al (INMATE 2)
ORDER: it is ORDERED that the 7 Recommendation is ADOPTED and that this action is DISMISSED without prejudice for Plf's failure to prosecute; A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 4/12/2018. (alm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
HOUSTON COUNTY JAIL and
JASON SMOKE, PCA,
) CASE NO. 1:18-CV-127-WKW
On March 15, 2018, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 7.) Upon an independent review of
the record and upon consideration of the Recommendation, the Magistrate Judge’s
recommendation that this action be dismissed without prejudice for Plaintiff’s failure
to prosecute is due to be adopted.
It is well established that a district court has inherent authority to dismiss an
action because of a plaintiff’s failure to prosecute. See Link v. Wabash Railroad
Co., 370 U.S. 626, 630–31 (1962) (“The authority of a court to dismiss sua sponte
for lack of prosecution has generally been considered an ‘inherent power,’ governed
not by rule or statute but by the control necessarily vested in courts to manage their
own affairs so as to achieve the orderly and expeditious disposition of cases.”); Fed.
R. Civ. P. 42(b). Plaintiff has had no communication with the court since the filing
of this action on February 22, 2018. Three Orders, as well as the Recommendation,
have been returned by the Post Office as undeliverable. Plaintiff’s failure to provide
the court with his correct address has stymied the court’s ability to manage its docket
and reflects Plaintiff’s lack of interest in prosecuting his lawsuit.
Accordingly, it is ORDERED that the Recommendation (Doc. # 7) is
ADOPTED and that this action is DISMISSED without prejudice for Plaintiff’s
failure to prosecute.
A separate final judgment will be entered.
DONE this 12th day of April, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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