Williams v. Emmons

Filing 4

REPORT AND RECOMMENDATIONS dismissing without prejudice 1 Complaint filed by Trio Rocco Williams Objections to R&R due by 3/1/2017. Signed by Magistrate Judge G. R. Smith on 2/15/17. (jlm) Modified on 2/15/2017 (jlm).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION TRIO ROCCO WILLIAMS, Petitioner, CV416-273 v. SHAWN EMMONS, Warden, Respondent. REPORT AND RECOMMENDATION Petitioner Trio Williams filed his habeas petition without either a filing fee or a properly completed motion to proceed in forma pauperis (IFP). Doc. 1. The Court ordered him to show cause why his case should not be dismissed for inactivity by no later than February 8, 2017. Doc. 3. He has not responded. This case should be dismissed without prejudice on inactivity and, thus, abandonment grounds. See Fed. R. Civ. P. 41(b); S.D. Ga. L.R. 41.1(c).; Link v. Wabash R.R. 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 , CV491-277 (S.D. Ga. June 10, 1992). This Report and Recommendation (R&R) is submitted to the district judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court’s Local Rule 72.3. Within 14 days of service, any party may file written objections to this R&R with the Court and serve a copy on all parties. The document should be captioned “Objections to Magistrate Judge’s Report and Recommendations.” Any request for additional time to file objections should be filed with the Clerk for consideration by the assigned district judge. After the objections period has ended, the Clerk shall submit this R&R together with any objections to the assigned district judge. The district judge will review the magistrate judge’s findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to timely file objections will result in the waiver of rights on appeal. 11th Cir. R. 3-1; see Symonett v. V.A. Leasing Corp. , 648 F. App’x 787, 790 (11th Cir. 2016); Mitchell v. U.S. , 612 F. App’x 542, 545 (11th Cir. 2015). 2 SO REPORTED AND RECOMMENDED , this 15th day of February, 2017. UNITED STATES MAGISTRATE ILJDGE SOUTHERN DISTRICT OF GEORGIA

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