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Washington v. Pike County Jail

United States District Court, S.D. Mississippi, Jackson Division
Mar 24, 2006
Civil Action No. 3:05cv467TSL-JCS (S.D. Miss. Mar. 24, 2006)

Opinion

Civil Action No. 3:05cv467TSL-JCS.

March 24, 2006


OPINION AND ORDER


Upon further consideration of the complaint and the records in this action, the court finds that an order was entered on November 16, 2005, requiring the plaintiff to file an amended complaint. The plaintiff was warned that his failure to timely comply with the requirements of the order would lead to the dismissal of his lawsuit. A copy of the order was mailed to the plaintiff at his last known address.

On December 1, 2005, the envelope containing the order was returned to this court by the United States Post Office marked "undeliverable." According to the court records, plaintiff has failed to communicate further with the court, either to inquire as to the status of his case or to attempt to comply with the court's order. The plaintiff's failure to comply with an order of this court or to otherwise communicate with this court indicates his lack of interest in pursuing this claim.

This court has the authority to dismiss an action for the plaintiff's failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure and under its inherent authority to dismiss the action sua sponte. See Link v. Wabash Railroad, 370 U.S. 626 (1962); McCullough v. Lynaugh, 835 F.2d 1126 (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. 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. Link, supra, 370 U.S. at 630.

Since the defendant has never been called upon to respond to the plaintiff's pleading, and have never appeared in this action, and since the court has never considered the merits of plaintiff's claims, the court's order of dismissal should provide that dismissal is without prejudice. Shaw v. Estelle, 542 F.2d 954 (5th Cir. 1976).

A final judgment in accordance with this opinion and order will be entered.


Summaries of

Washington v. Pike County Jail

United States District Court, S.D. Mississippi, Jackson Division
Mar 24, 2006
Civil Action No. 3:05cv467TSL-JCS (S.D. Miss. Mar. 24, 2006)
Case details for

Washington v. Pike County Jail

Case Details

Full title:DANIEL WASHINGTON, Plaintiff, v. PIKE COUNTY JAIL, Defendant

Court:United States District Court, S.D. Mississippi, Jackson Division

Date published: Mar 24, 2006

Citations

Civil Action No. 3:05cv467TSL-JCS (S.D. Miss. Mar. 24, 2006)