Harris v. Savannah Chatham Metropolitan Police Department

Filing 41

ORDER Directing the plaintiff to file an amended complaint within 14 days from the date this order is served. ( Amended Pleadings due by 9/26/2018.) Signed by Magistrate Judge G. R. Smith on 9/12/18. (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ERIC LATROY HARRIS,
Plaintiff,
v.
SCMPD (CNT AGENTS),
Defendants.

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FILED
Scott L. Poff, Clerk
United States District Court

By jburrell at 11:39 am, Sep 12, 2018

CV417-154

ORDER
The Court directed pro se plaintiff Eric Harris to file an Amended
Complaint, based upon information about the officers involved in his
arrest who allegedly subjected him to excessive force. Doc. 36. When he
failed adequately to do so, the Court gave Harris another chance. Doc.
39 (ordering Harris to file an Amended Complaint within 30 days of
service of the Order identifying the officers involved in the incident by
name, with factual allegations set forth against each of them, or face a
recommendation of dismissal). He has filed no response at all to that
Order but has filed a change of address, raising a concern that he may
not have received it. Doc. 40; see also Georgia v. Harris, SPCR17-2068J4 (Chatham Super. Ct.) (case status closed, confinement and probation

ordered). It is therefore unclear whether Harris intends to proceed with
his case.
Within 14 days of the date this Order is served, plaintiff shall
(1) file his Amended Complaint, complying with the requirements set
forth in the Court’s July 30, 2018 Order, or (2) face a recommendation of
dismissal. See Fed. R. Civ. P. 41(b) (authorizing district courts to dismiss
an action for failure to obey a court order); L.R. 41.1(c) (authorizing
district court to dismiss for lack of prosecution); 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); Collins v. Lake Helen, L.P., 249 F.
App’x 116, 120 (11th Cir. 2007) (“[D]istrict court[s] possesses the
inherent power to police [their] docket[s]” and to prune out those cases
left to languish by their litigants).
SO ORDERED, this 12th

day of September, 2018.

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