Patel v. United States

Filing 13

ORDER granting re 12 Motion to Dismiss. Accordingly, Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close this case. Signed by Judge William T. Moore, Jr on 4/16/18. (loh)

filed

U.S. DISTRICT COURT
SAVANNAH DIV.

IN THE UNITED STATES DISTRICT COURT ^W/ipp i c *m m.co
THE SOUTHERN DISTRICT OF GEORGIA
« '« AM 10? 58
SAVANNAH DIVISION
CLFRK

SO.DIST'OF GA!

KUSUMBEN I. PATEL,

Plaintiff,
CASE NO. CV417-102

V.

UNITED STATES OF AMERICA,
Defendant

ORDER

Before

(Doc.

the

In

12.)

Court

its

is

the

Government's

motion,

the

Motion

Government

to

Dismiss.

requests

that

Plaintiff's complaint be dismissed due to Plaintiff's failure to

prosecute

this

action.

(Id.)

Under

Federal

Rule

of

Civil

Procedure 41(b), if a "plaintiff fails to prosecute or to comply
with

these

rules or a

court order,

a

defendant may move

to

dismiss the action or any claim against it."
In this case, the record shows that Plaintiff's complaint

was filed on May 11, 2017, and later removed to this Court on
June 12, 2017. (Doc. 1.) Initially, Plaintiff was represented by

attorney

Garrett

Plaintiff's
"Plaintiff's

R.

attorney

Greiner.
filed

unwillingness

On October
a

or

motion

16, 2017,
to

inability

withdraw
to

however,
citing

cooperate

and

communicate." (Doc. 8 at f 4.) On December 5, 2017, Magistrate

Judge Smith granted Plaintiff's counsel's request. (Doc. 11.)
On December 18, 2017, the Government then filed this current