Swygert et al v. Ferrell Electric, Inc. et al

Filing 33

ORDER that Jessie Carlos Swygert's claims are dismissed without prejudice for failure to prosecute. The Court directs the Clerk to terminate Jessie Carlos Swygert as a plaintiff in this actiona and all deadlines and motions pertaining to him. Jessie Carlos Swygert terminated. Signed by Judge J. Randal Hall on 7/29/2015. (jah)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JESSIE CARLOS

SWYGERT and JASEN

*

ADAMS,

*

Plaintiffs,

*

v.

*

FERRELL ELECTRIC,
JAMES N. FERRELL,

INC.,

and

CV

114-181

*
*
•

Defendants.

*

ORDER

On

June

withdraw,

29,

this

2015,

Court

in

an

directed

Order

granting

Plaintiff

counsels'

Jessie

Carlos

motion

to

Swygert

to

notify the Court whether he intended to pursue the matter further
and,

if

so,

counsel.

if

he

intended

(Doc. 30.)

to

proceed

pro

se

or

The Court expressly warned Mr.

to

seek

new

Swygert that

failure to comply with the directive may result in a dismissal of
his claims.

(Id.)

Receiving no response by the stated deadline,

the Court extended Mr.

(Doc.

31.)

Mr.

Under

Local

Swygert an additional seven days to comply.

Swygert

has

yet to respond

to the

Court's

two

Orders.

Rule

41.1, the Court may,

after

notice,

dismiss

any action with or without prejudice for want of prosecution if a

party (1) fails to comply with an order compelling discovery;

(2)

willfully disobeys or neglects any order of the Court; or (3) fails

to prosecute the action with reasonable promptness.

of the record,
Orders

of

the

the Court finds that Mr.
Court

and has

Upon a review

Swygert has neglected two

failed to prosecute

his

action with

reasonable promptness.1
Accordingly,

Jessie

Carlos

Swygert's

claims

WITHOUT PREJUDICE for failure to prosecute.
CLERK

to

TERMINATE

Jessie

Carlos

Swygert

are

DISMISSED

The Court DIRECTS the
as

a

plaintiff

in

this

action and all deadlines and motions pertaining to him.
ORDER

ENTERED

it Augusta, Georgia, this

at

c<S<^ day of

July,

2015.

J. RANDAL HALL
TATES

OUTHERN

1

The

counsel

Court

filed

a

recognizes
notice

that

on

indicating

July
that

27,
his

DISTRICT

DISTRICT

2015,
initial

JUDGE

OF GEORGIA

Mr.

Swygert's

notice

of

former

intent

to

withdraw was returned as undeliverable.
This Court has received no such
notification as to its Orders and therefore must assume that Mr. Swygert has

received them.

Even if he has not,

however,

it is Mr.

Swygert's obligation,

as a plaintiff in this Court, to prosecute his case with diligence and
respond to counsel and/or the Court.
This obligation includes a requirement
of notifying the Court and counsel of any change in address.