Davis' v. Beard

Filing 7

ORDER that this action is dismissed pursuant to Local Rule 41.3(A)(2) for failure to comply with a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 5/13/20216. (anc)

Plaintiff has not filed an Amended Complaint, and has not otherwise taken
any action in this matter.
Under Local Rule 41.3(A)(2), “[t]he court may, with or without notice to the
parties, dismiss a civil case for want of prosecution if: . . . [a] plaintiff . . . shall,
after notice, . . . fail or refuse to obey a lawful order of the court in the case.” LR
41.3(A)(2), NDGa.
Plaintiff failed to comply with the Court’s April 27th Order after being
advised that failure to comply will result in dismissal of this action. Accordingly,
this action is dismissed pursuant to Local Rule 41.3(A)(2).1
For the foregoing reasons,
IT IS HEREBY ORDERED that this action is dismissed pursuant to Local
Rule 41.3(A)(2) for failure to comply with a lawful order of the Court.
SO ORDERED this 13th day of May, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE
1

Dismissal also is required because Plaintiff did not meet his burden to show
the Court has jurisdiction over this action. (See April 27th Order at 5-6);
Travaglio, 735 F.3d at 1268-69 (holding that a district court must dismiss an action
for lack of subject matter jurisdiction unless the pleadings or record evidence
establish jurisdiction).

2