Jenkins v. Emanuel County Jail et al

Filing 11

ORDER that the Magistrate Judge's 10 Report and Recommendations is adopted as the opinion of the Court. Due to Plaintiff's failure to prosecute this action and his failure to follow the instructions of this Court, his 1 Complaint is hereby dismissed, without prejudice. The Clerk of Court is directed to enter the appropriate judgment of dismissal and to close this case. Signed by Judge J. Randal Hall on 06/18/2015. (jah)

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

JAMIL L. JENKINS,

Plaintiff,

CIVIL ACTION NO.: CV615-003

v.

EMANUEL COUNTY JAIL; MARION
SHAW; FAYE CLAYTON; WESLEY
BEDGOOD; and ELLICE WHEELER,
Defendants.

ORDER

After an independent and de novo review of the entire record, the undersigned

CONCURS with and ADOPTS the Magistrate Judge's Report and Recommendation as the

opinion of Court. Plaintiffs Complaint is DISMISSED, without prejudice. The Clerk of Court
is directed to CLOSE this case.
BACKGROUND

Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983, (doc. 1), to contest certain
conditions of his confinement at the Emanuel County Jail in Swainsboro, Georgia. Along with

his Complaint, Plaintiff filed a Motion to Proceed In Forma Pauperis, (doc. 2). Plaintiffs
Motion was granted by Order dated January 21, 2015. (Doc. 3.) Plaintiff was informed by the
Court's January 21, 2015, Order of his obligation to inform the Court, in writing, of any change
of address and that if he failed to do so, the Court would dismiss his case. (Doc. 3, p. 3.) By

Order dated March 23, 2015, Plaintiff was advised, inter alia, that his failure to follow the

Court's January 21,2015, Order may result inthe dismissal of his cause of action. (Doc. 6, p. 2.)

The Court's March 23, 2015, Order was returned to the Court on April 2, 2015 marked

"undeliverable", because Plaintiff was no longer housed at the Emanuel County Jail. (Doc. 7.)

However, Plaintiff failed to inform the Court, in writing or otherwise, of any new or different
address, and the address Plaintiff originally provided the Court is still listed upon the docket and

record of this case as his only proper mailing address. The Court issued another Order dated

May 7, 2015, (doc. 8), which was mailed to Plaintiff at the Emanuel County Jail the following
day. That Order was returned to the Court on May 19, 2015. (Docket Entry dated May 19,
2015.)

Given Plaintiffs failure to provide a proper mailing address, on May 22, 2015, United

States Magistrate Judge R. Stan Baker issued a Report recommending Plaintiffs Complaint be
dismissed, without prejudice. The Magistrate Judge cited Plaintiffs failure to follow the Court's

instructions and his failure to prosecute his cause of action as grounds for dismissal. (Doc. 10.)
On this same date, the Clerk's Office noted it was unable to mail a copy of the Magistrate

Judge's Report and Recommendation to Plaintiff because his whereabouts were unknown.
(Second Docket Entry dated May 22, 2015.) Plaintiff failed to file any Objections to the Report
and Recommendation.
DISCUSSION

It is a long-established principle that this Court has the authority to dismiss an action sua

sponte for a plaintiffs failure to prosecute his action and his failure to follow the Court's orders.
Fed. R. Civ. P. 41(b); L.R. 41.1(b) (The Court may sua sponte dismiss "any action for want of

prosecution, with or without prejudice[ ]" based ona party's "[w]illful disobedience or neglect of

any order of the Court[.]"); Link v. Wabash Railroad Company, 370 U.S. 626 (1962).1 While
1 In Wabash, the Court held that a trial court may dismiss an action for failure to prosecute "even without

affording notice of its intention to do so." 370 U.S. at 633. Nonetheless, in the case at hand, the Court

the Court exercises this authority with caution, dismissal is appropriate in the case at hand.
Without a proper address for Plaintiff, the Court has no means to adjudicate the merits of his

claims. Moreover, he was given ample notice of his obligation to inform this Court of any
change of address, and he failed to do so.
CONCLUSION

The Magistrate Judge's Report and Recommendation, (doc. 10), is adopted as the opinion
of the Court.

Due to Plaintiffs failure to prosecute this action and his failure to follow the

instructions of this Court, his Complaint, (doc. 1), is hereby DISMISSED, without prejudice.
The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to
CLOSE this case.

SO ORDERED, this

/Jciay of s^nZSTUL^

,2015.

HCfr^OKftBLE J. ^NDAL HALL

UNITED/STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

advised Plaintiffthat his failure to notify the Court of his change of address would result in dismissal of
this action. (Doc. 3, p. 3.) The Court attempted to provide Plaintiff further notice by giving him the

opportunity to object to the Magistrate Judge's Report and Recommendation. Of course, Plaintiffs
failure to advise the Court of his change of address prevented him from receiving this last notice.