LAWSON v. WILES et al

Filing 8

ORDER of Dismissal Without Prejudice. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 8/23/2018. (lap)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
DEMETRICE MICHAEL
LAWSON,

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Plaintiff,
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v.
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Officer A. WILES, et al.,
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Defendants.
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_________________________________:

No. 3:18-cv-00075-CAR-CHW

ORDER OF DISMISSAL
Plaintiff Demetrice Michael Lawson, a prisoner in the Oglethorpe County Jail in
Lexington, Georgia, filed a 42 U.S.C. § 1983 civil rights complaint. Compl., ECF No. 1.
Plaintiff also filed a motion for leave to proceed in forma pauperis. Mot. for Leave to
Proceed In Forma Pauperis, ECF No. 2. Thereafter, correspondence from this Court to
Plaintiff at the Oglethorpe County Jail – the only address of record – was returned to the
Court as undeliverable. Mail Returned, June 27, 2018, ECF No. 5.
Because Plaintiff’s failure to immediately notify the Clerk of Court of a change of
address constituted a failure to prosecute his claims, Plaintiff was ordered to show cause to
the Court why this case should not be dismissed for failure to keep the Court apprised of
his current address. Order to Show Cause, ECF No. 6. Plaintiff was given twenty-one
days to respond and was cautioned that his failure to do so would result in the dismissal of
this action. Id.
To date, Plaintiff has failed to respond to the Order to Show Cause, and the order
was returned to this Court as undeliverable. Mail Returned, ECF No. 7. Thus, because

Plaintiff has failed to respond to the Court’s orders or otherwise prosecute his case, this
action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b); Brown v.
Tallahassee Police Dep’t, 205 F. App’x 802, 802 (11th Cir. 2006) (“The court may dismiss
an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court
order.”) (citing Fed. R. Civ. P. 41(b) and Lopez v. Aransas Cty. Indep. Sch. Dist., 570 F.2d
541, 544 (5th Cir. 1978)).
SO ORDERED, this 23rd day of August, 2018.

S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT

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