Jones v. Johnson

Full title: NELLIE JONES, Plaintiff, v. DEPUTY JOHNSON, Defendant

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Jul 28, 2009

Criminal Action No. 5:08-CV-302(HL) (M.D. Ga. Jul. 28, 2009)

Opinion

Criminal Action No. 5:08-CV-302(HL).

July 28, 2009

ORDER

HUGH LAWSON, District Judge

A status conference was scheduled in this case for Tuesday, July 28, 2009, at 9:30 a.m. in Macon, Georgia. Attorney Jason Waymire, counsel for Defendant, appeared at the hearing. Plaintiff Nellie Jones, who is proceeding pro se, did not appear. Around the time the conference was scheduled to begin, the Court received a call from Plaintiff's daughter-in-law, who stated that Plaintiff did not appear because she did not receive notice of the hearing until the morning of the scheduled conference. Plaintiff's daughter-in-law further stated that Plaintiff is elderly and does not want to pursue the case any longer. The assertion that Plaintiff does not desire to prosecute this action is supported by the record in this case. Plaintiff failed to cooperate with Mr. Waymire in drafting a proposed discovery plan, and she further failed to appear for her scheduled deposition. Based on the representations of Plaintiff's daughter-in-law, as further supported by the record in this case, Plaintiff's case is dismissed without prejudice for failure to prosecute.

SO ORDERED.