WASHINGTON v. MOHAWK INDUSTRIES CORPORATION
Filing
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ORDER granting 5 Motion to Dismiss. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/3/2018 (chc)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DOMINICK WASHINGTON,
:
:
Plaintiff,
:
v.
:
:
No. 5:17‐cv‐315 (TES)
MOHAWK INDUSTRIES; JEFF
:
GREEN; BRIAN SHREWSBURY;
:
DEREK LOVING; JUANITA DREW; :
and ROBERT STEVENSON,
:
:
Defendants.
:
___________________________________ :
ORDER DISMISSING PLAINTIFF’S COMPLAINT
On October 26, 2017, this Court granted pro se Plaintiff’s application to proceed in
forma pauperis but, because he failed to state any claim upon which relief could be
granted, did not order service of process on Defendants. Recognizing his pro se status,
the Court did not dismiss the Complaint pursuant to 28 U.S.C. § 1915(e). Instead, the
Court allowed Plaintiff 21 days to file a recast complaint and warned Plaintiff failure to
do so will result in the dismissal of his case. 1
In its Order, the Court specifically set forth the factual details necessary to
Plaintiff to include in his recast complaint in order to state a claim for each possible
employment discrimination and retaliation allegation raised in his Complaint. The
Court clearly stated that “if Plaintiff wishes to proceed on the action he MUST submit a
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Order on Motion to Proceed In Forma Pauperis [Doc. 4].
recast complaint within twenty‐one (21) days of the date of this Order. The recast
Complaint must be filed in accordance with the directives contained in this Order.”2
This Court specifically warned that “[i]f Plaintiff fails to respond within the twenty‐one
(21) days, the Court will dismiss this action with prejudice.”3 Plaintiff did not respond
and did not file a recast complaint.
Thereafter, Defendant Mohawk Industries filed a Motion to Dismiss for failure to
prosecute. After Plaintiff failed to respond to Defendant’s Motion, the Court ordered
him to file a response within 14 days. Again, Plaintiff failed to respond. In fact, Plaintiff
has failed to have any contact with this Court since he filed his Complaint on August
16, 2017.
This case may be dismissed for two reasons. First, as thoroughly explained in its
Order on Plaintiff’s Motion to Proceed In Forma Pauperis, Plaintiff fails to state a claim
upon which relief may be granted. Thus, this case may be dismissed pursuant to 28
U.S.C. § 1915(e).
In addition, a district court may dismiss a plaintiff’s claims for failure to
prosecute pursuant to Federal Rule of Civil Procedure 41(b) and the Court’s inherent
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Id. (emphasis is original).
Id. at p. 5.
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authority to manage its docket.4 Rule 41(b) allows for the involuntary dismissal of a
plaintiff’s claims where he has failed to prosecute those claims, comply with the Federal
Rules of Civil Procedure or local rules, or follow a court order.5 It is true that dismissal
with prejudice for failure to prosecute is a “sanction . . . to be utilized only in extreme
situations” and requires that a court “(1) conclud[e] a clear record of delay or willful
contempt exists; and (2) mak[e] an implicit or explicit finding that lesser sanctions
would not suffice.”6 Here, Plaintiff has failed to comply with the Court’s Orders despite
being clearly instructed to do so. Plaintiff’s status as a pro se litigant does not excuse his
failure to comply with the Court’s Orders or the rules of this Court.7 Plaintiff has taken
no action in this case since filing his Complaint, and dismissal for failure to prosecute is
also appropriate.
For the foregoing reasons, Defendant’s Motion to Dismiss [Doc. 5] is GRANTED,
and this case is hereby DISMISSED.
See e.g., Betty K. Agencies, Ltd. V. M/V MONADA, 432 F. 3d 1333, 1337 (11th Cir. 2005).
Fed. R. Civ. P. 41(b); see also Coleman v. St. Lucie Cty. Jail, 433 F. App’x 716, 718 (11th Cir. 2011).
6 Thomas v. Montgomery Cty. Bd. of Educ., 170 F. App’x 623, 625‐26 (11th Cir. 2006) (quoting Morewitz v.
West of Eng. Ship Owners Mut. Prot. Indem. Ass’n (Lux.), 62 F.3d 1356, 1366 (11th Cir. 1995)).
7 See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989).
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SO ORDERED, this 3rd day of April, 2018.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT
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