Harpo v. Howard et al

Filing 6

OPINION AND ORDER dismissing this action with prejudice pursuant to Local Rule 41.3(A)(2). Signed by Judge William S. Duffey, Jr on 2/16/17. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
WILHY HARPO,
Plaintiff,
v.

1:16-cv-3876-WSD

BURNICE A. HOWARD, et al.,
Defendants.

OPINION AND ORDER
On October 17, 2016, Plaintiff Wilhy Harpo (“Plaintiff”) filed his Complaint
[1.1]. The Court found Plaintiff’s Complaint was a shotgun pleading, and, on
February 3, 2017, the Court issued an order [5] (“February 3rd Order”) requiring
Plaintiff to file, on or before 5:00 p.m. on February 15, 2017, an amended
complaint clearly setting forth (1) each claim he seeks to assert; (2) the facts
supporting each claim; and (3) the Defendant(s) against whom he asserts each
claim. The Court cautioned Plaintiff that failure to comply with its February 3rd
Order will result in dismissal of this action under Local Rule 41.3(A)(2), NDGa,
and that no further opportunities to amend will be allowed. Plaintiff failed to file
his amended complaint.

Local Rule 41.3 authorizes the Court to dismiss a case for want of
prosecution for failure to obey a lawful order of the Court. See LR 41.3(A)(2).
Plaintiff failed to comply with the Court’s February 3rd Order after being warned
that failure to comply will result in dismissal of this action. Accordingly, this
action is dismissed pursuant to Local Rule 41.3(A)(2).
For the foregoing reasons,
IT IS HEREBY ORDERED that this action is DISMISSED WITH
PREJUDICE pursuant to Local Rule 41.3(A)(2).

SO ORDERED this 16th day of February, 2017.

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