Lewis v. Harrison County Jail

Filing 9

ORDER: Ordered that this case is dismissed without prejudice for failure to prosecute and obey the Courts Orders. Signed by District Judge Louis Guirola, Jr. on 1/10/18. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
WALTER CORNELIUS LEWIS,
# 409044
v.

PLAINTIFF
CAUSE NO. 1:17CV274-LG-RHW

HARRISON COUNTY JAIL

DEFENDANT

ORDER OF DISMISSAL WITHOUT PREJUDICE
This matter is before the Court sua sponte. Pro se Plaintiff Walter Cornelius
Lewis initiated this action on September 29, 2017. At the time, he was
incarcerated at the Harrison County Adult Detention Center.
On October 2, 2017, the Court sent Lewis notice of the Prison Litigation
Reform Act, an Acknowledgment of Receipt and Certification, and a form Notice of
Voluntary Dismissal. The Court ordered him to sign and file either the
Acknowledgment or voluntary dismissal by November 1. Having received no
response, on November 15, the Court entered the Order to Show Cause [5], ordering
Lewis to show cause, by November 29, why this case should not be dismissed for
failure to obey the Court’s prior Order [3]. When Lewis still did not comply, the
Court then entered the Second Order to Show Cause [7], on December 13, giving
him one last chance to comply.
All Orders [3, 5, 7] were mailed to Lewis’s address of record but were
returned as undeliverable. The envelopes on the returned Orders to show Cause
were marked “RTS. Released.” (Dkt. 8 at 1); (Dkt. 6 at 1). To date he has not

responded, provided a change of address, or otherwise contacted the Court. The
Court has warned Lewis that failure to comply, including keeping the Court
apprised of his address, may result in this case being dismissed. (2d Order to Show
Cause [7] at 1); (Order to Show Cause [5] at 1); (Order [3] at 2). It is apparent from
Lewis’s failure to comply or otherwise communicate with the Court that he lacks
interest in pursuing this claim.
The Court has the authority to dismiss an action for the plaintiff’s failure to
prosecute or to obey a Court order under Rule 41(b) of the Federal Rules of Civil
Procedure and under the Court’s inherent authority to dismiss the action sua
sponte. Link v. Wabash R.R., 370 U.S. 626, 630-31 (1962). 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. 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 629-30. Since Defendant has never been called
upon to respond to the Complaint nor appeared in this action, and since the Court
has not considered the merits of the claims, the case is dismissed without prejudice.
IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons
stated above, this case should be and is hereby DISMISSED WITHOUT
PREJUDICE for failure to prosecute and obey the Court’s Orders. A separate
final judgment will be entered pursuant to Federal Rule of Civil Procedure 58.
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SO ORDERED AND ADJUDGED this the 10th day of January, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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