Glees v. Davis Express, Inc.

Filing 23

OPINION AND ORDER that the Defendant's Motion to Dismiss the Complaint without prejudice is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE for failure to obey a lawful Order of the Court, pursuant to L.R. 41.3 A.(2), N.D. Ga. Signed by Judge William S. Duffey, Jr on 11/19/2014. (anc)

prosecution if a plaintiff fails to obey a lawful Order of the Court. L.R. 41.3 A.(2),
N.D. Ga. Plaintiff failed to respond by the deadline set by the Court’s October 16,
2014, Order. See id. Because Plaintiff failed to obey a lawful Order of the Court,
the Court is required to dismiss this action without prejudice.
Accordingly, for the foregoing reasons,
IT IS HEREBY ORDERED that the Defendant’s Motion to Dismiss the
Complaint without prejudice is GRANTED. 1
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE for failure to obey a lawful Order of the Court, pursuant to L.R. 41.3
A.(2), N.D. Ga.

1

Defendant’s Motion to Dismiss the Complaint with prejudice is DENIED. A
dismissal with prejudice “is not appropriate unless the district court finds both that
a clear record of delay or willful misconduct exists, and that lesser sanctions are
inadequate to correct such conduct.” Stephenson v. Warden, Doe, 554 F. App’x
835, 837 (11th Cir. 2014). There is no evidence of a clear record of delay or
willful misconduct, or evidence that lesser sanctions are inadequate to correct
Plaintiff’s conduct. The Complaint is thus required to be dismissed without
prejudice.

2

SO ORDERED this 19th day of November 2014.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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