Prescott v. Chase

Filing 15

REPORT AND RECOMMENDATIONS that petition be Dismissed without prejudice for failure to prosecute re 1 Petition for Writ of Habeas Corpus filed by David Prescott Objections to R&R due by 2/9/2009. Signed by Magistrate Judge G. R. Smith on 1/26/2009. (mah)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
DAVID PRESCOTT, Petitioner,
V.

WARDEN CHASE, Respondent.

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Case No. CV408-198

REPORT AND RECOMMENDATION David Prescott filed a 28 U.S.C. § 2254 petition (doe. 1) but lost interest in pursuing it upon his release from Men's State Prison.' Despite his continuing duty under Local Rule 11.1 to provide the Court with a current mailing address, he simply disappeared upon discharge. Without a current mailing address, the Court cannot communicate with Prescott or move his case forward. Courts are authorized to prune from their dockets those cases that amount to no more than "deadwood." Accordingly, Prescott's petition should be DISMISSED without prejudice for his failure to prosecute this
1 A copy of his docket sheet was returned with a notation stating that Prescott

had been discharged. (Doc. 14.)

action. L.R. 41(b); Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 (1962) (courts have the inherent authority to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States, No. CV491-277 (S.D. Ga. June 10, 1992). SO REPORTED AND RECOMMENDED this 26th day of January, 2009.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

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