Stockstill v. Pearl River County 5th District S.E. Courts Justice

Filing 20

ORDER OF DISMISSAL WITHOUT PREJUDICE: this civil action is Dismissed without prejudice for failure to obey the Court's Orders and to prosecute. Clerk to mail to Plaintiff Jason Lee Stockstill a copy of this Order of Dismissal to Jason Lee Stockstill, 5302 Firefly Ln., Everton AR 72633 and to Jason Lee Stockstill at his address of record. Signed by Chief District Judge Louis Guirola, Jr. on 9/15/2016 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JASON LEE STOCKSTILL

PLAINTIFF

v.

CAUSE NO. 1:16CV47-LG-RHW

PEARL RIVER COUNTY 5TH
DISTRICT S.E. COURTS JUSTICE, ET AL.

DEFENDANTS

ORDER OF DISMISSAL WITHOUT PREJUDICE
This matter is before the Court sua sponte. After consideration of the record in
this case and relevant legal authorities, and for the reasons discussed below, the
Court finds that this civil action should be dismissed without prejudice.
I. BACKGROUND
Pro se Plaintiff Jason Lee Stockstill initiated this action on February 16, 2016,
while he was incarcerated in the Pearl River County Jail, Poplarville, Mississippi.
Compl. [1] at 1. The Court entered an Order [14] on June 1, 2016, directing Plaintiff
to provide additional information concerning his claim against Defendant Allison.
That Order [14] also directed Plaintiff to state his current address where he may
receive mail from the Court. The Clerk was ordered to mail Court documents to
Plaintiff at a different address he provided on page two of his Complaint than the
address of record, see Plaintiff’s Change of Address [10]. Order [14] at 2. Plaintiff was
required to comply on or before June 16, 2016, with the Order [14] entered on June 1,
2016. According to the records, the envelope addressed to Plaintiff at his address of
record was returned by the postal service with a notation “Return to Sender - Not
Deliverable as Addressed - Unable to Forward.” See Mail Returned [15]. However,
the envelope addressed to Plaintiff at 5302 Firefly Ln., Everton, AR 72633 has not
been returned by the Postal Service. Moreover, Plaintiff did not comply and did not

communicate with the Court even though he was warned that failure to do so could
result in the dismissal of this case.

The Court then entered an Order [16] to Show

Cause on July 1, 2016, directing Plaintiff to file a response on or before July 19, 2016.
Once again, the Court directed copies of the Orders [14, 16] were to be mailed to
Plaintiff at his address of record as well as the other address provided in his
Complaint [1]. According to the records, the envelope addressed to Plaintiff at his
address of record was returned by the postal service with a notation “Return to Sender
- Not Deliverable as Addressed - Unable to Forward” and a hand-written note by an
unknown writer stating “Return to Sender Wrong Address!” See Mail Returned [17].
However, the envelope addressed to Plaintiff at 5302 Firefly Ln., Everton, AR 72633
has not been returned by the Postal Service. When Plaintiff did not comply with the
Order [16] nor communicate with the Court, even though he was warned that failure
to do so could result in the dismissal of this case, a Second and Final Order to Show
Cause [18] was entered on August 4, 2016.
The Second and Final Order to Show Cause [18] directed Plaintiff to file a
response on or before August 19, 2016. Plaintiff was warned that his failure to comply
with that Order [18] would result in the dismissal of the case. The Court directed that
a copy of the Second and Final Order to Show Cause [18] and a copy of Orders [14, 16]
be mailed to Plaintiff at his address of record as well as the other address provided in
his Complaint [1]. According to the records, the envelope addressed to Plaintiff at his
address of record was returned by the postal service with a notation “Return to Sender
- Not Deliverable as Addressed - Unable to Forward.” See Mail Returned [19]. The

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returned envelope also included a hand-written note by an unknown writer stating:
“No longer at this address. To get new address for this person, call 870 204 1808.
Please stop sending his mail here!” Id. Plaintiff is responsible for providing a current
address. The Court informed Plaintiff in the Notice of Assignment and Orders [3, 4, 9,
14, 16, 18] entered in this matter that he was required to comply with the Orders of
the Court and to provide a change of address. Clearly, Plaintiff was aware of his
responsibility to inform the Court of a change of address when he filed his change of
address [10] on March 31, 2016. Moreover, the envelope addressed to Plaintiff at 5302
Firefly Ln., Everton, AR 72633, the other address Plaintiff provided in his Complaint
[1], has not been returned by the Postal Service.
II. DISCUSSION
This Court has the authority to dismiss an action for Plaintiff’s failure to
prosecute under Federal Rule of Civil Procedure 41(b), and under its inherent
authority to dismiss the action sua sponte. See Link v. Wabash Railroad, 370 U.S.
626, 630-31 (1962); McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988). The
Court must be able to clear its calendars of cases that remain dormant because of the
inaction or dilatoriness of the parties seeking relief, so as to achieve the orderly and
expeditious disposition of cases. Link, 370 U.S. at 630. Such a “sanction is necessary
in order to prevent undue delays in the disposition of pending cases and to avoid
congestion in the calendars” of the Court. Id. at 630-31.
Plaintiff did not comply with three Court Orders even after being warned
several times that failing to do so might result in the dismissal of his lawsuit. Order
[3] at 2; Order [4] at 2; Order [9] at 2; Order [14] at 2; Order [16] at 2; Order [18] at 2.

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Plaintiff has not informed the Court of his current address. Plaintiff has not contacted
the Court since April 1, 2016. Such inaction presents a clear record of delay or
contumacious conduct by Plaintiff. It is apparent to the Court that Plaintiff no longer
wishes to pursue this lawsuit. As the record demonstrates, lesser sanctions than
dismissal have not prompted “diligent prosecution” but instead such efforts have
proven futile. See Tello v. Comm’r., 410 F.3d 743, 744 (5th Cir. 2005). Dismissal
without prejudice is warranted.
III. CONCLUSION
For the reasons stated herein, this civil action will be dismissed without
prejudice. Accordingly, it is
ORDERED AND ADJUDGED that, for the reasons stated above, this civil
action is DISMISSED WITHOUT PREJUDICE for failure to obey the Court’s
Orders and to prosecute.
IT IS FURTHER ORDERED AND ADJUDGED that a separate final
judgment will be entered pursuant to Federal Rule of Civil Procedure 58.
IT IS FURTHER ORDERED AND ADJUDGED that the Clerk mail to
Plaintiff Jason Lee Stockstill a copy of this Order of Dismissal to Jason Lee
Stockstill, 5302 Firefly Ln., Everton, AR 72633, see Compl. [1] at 2, and to Jason
Lee Stockstill at his address of record.
SO ORDERED AND ADJUDGED this the 15th day of September, 2016.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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