Miles v. Shelby County Jail et al

Filing 40

ORDER granting 38 Motion to Dismiss for Lack of Prosecution. Signed by Judge Samuel H. Mays, Jr on 5/16/2022. (Mays, Samuel)

Case 2:19-cv-02241-SHM-cgc Document 40 Filed 05/16/22 Page 1 of 2

PageID 145

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
BENJAMIN F. MILES, IV,
Plaintiff,
v.
SHELBY COUNTY CRIMINAL
JUSTICE CENTER, ET AL.,
Defendants.

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No. 2:19-cv-2241

ORDER GRANTING MOTION TO DISMISS
Before the Court is Defendants A. Connolly and Kimberly
White’s (collectively, the “Defendants”) Motion to Dismiss for
Failure to Prosecute. (ECF No. 38.)

For the following reasons,

the Motion is GRANTED.
On April 17, 2019, pro se Plaintiff Benjamin F. Miles, IV,
filed this civil action pursuant to 42 U.S.C. § 1983.
1.)

(ECF No.

Miles alleged constitutional violations against the Shelby

County Criminal Justice Center and Shelby County Officers. (Id.)
On April 22, 2019, the Court granted leave to proceed in forma
pauperis and assessed the $ 350 civil filing fee.

(ECF No. 4.)

The Court told Miles that he must notify the Court immediately,
in writing, of any change of address.
2019,

(Id.)

On October 22,

the Court screened Miles’ Complaint, dismissed the Shelby

County Criminal Justice Center, and again reminded Miles to

Case 2:19-cv-02241-SHM-cgc Document 40 Filed 05/16/22 Page 2 of 2

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notify the Court of any change of address. (ECF No. 6.)

On

November

as

18,

2021

undeliverable.

mail

sent

to

Miles

was

returned

(ECF No. 37.)

Rule 41(b) gives the Court authority to dismiss a case if
the plaintiff fails to prosecute or to comply with a court order.
Fed. R. Civ. P. 41(b);

see Knoll v. Am. Tel. & Tel. Co., 176

F.3d 359, 362-63 (6th Cir. 1999);

see also Link v. Wabash R.R.

Co., 370 U.S. 626, 629 (1962) (“The authority of a federal trial
court to dismiss a plaintiff's action with prejudice because of
his

failure

Involuntary

to

prosecute

dismissal

cannot

under

adjudication on the merits.

Rule

seriously
41(b)

be

doubted.”).

operates

Fed. R. Civ. P. 41(b).

as

an

Miles has

failed to comply with the Court’s orders to update the Court
with his current address.

His whereabouts are unknown, and he

has failed to proceed with his case.
For the foregoing reasons, the Defendants’ Motion to Dismiss
is GRANTED.
SO ORDERED this 16th day of May, 2022.

/s/ Samuel H. Mays, Jr.
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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