Opinion
Case No. CV414-184
09-15-2014
KENYA ROSHAY GREEN, Plaintiff, v. OFFICER MATTHEW WILHOITE, UNIT MANAGER WOODS, and UNKNOWN OFFICERS 1-4, Defendants.
REPORT AND RECOMMENDATION
Kenya Roshay Green filed this 42 U.S.C. § 1983 case against various defendants alleging that they violated his constitutional rights during a criminal investigation that culminated in his arrest. (Doc. 1.) The Court granted him leave to proceed in forma pauperis on the condition he return two forms. (Doc. 5.) On September 11, 2014, the Court received a letter from the Screven County Sheriffs Office explaining that Green is no longer in the Screven County Jail and they have no idea where he has gone, though he is "possibly in Florida." (Doc. 6 at 1.) Per Local Rule 11.1, it was Green's continuing duty to keep the Court apprised of his current address. Without that information, the Court cannot move this case forward or even communicate with plaintiff.
A court has the power to prune from its docket those cases that amount to no more than mere deadwood. Accordingly, plaintiffs complaint should be DISMISSED without prejudice for his failure to prosecute this action. S.D. Ga. LR 41(b); see Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 (1962) (courts have the inherent authority to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States, No. CV491-277 (S.D. Ga. June 10, 1992). As the Clerk has no valid address for the plaintiff (who has evidently lost interest in his case), he is excused from any further attempts to serve the plaintiff.
SO REPORTED AND RECOMMENDED this 15th day of September, 2014.
/s/_________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA