Opinion
Case No. 4:05CV482-SPM/AK.
February 2, 2006
REPORT AND RECOMMENDATION
Plaintiff filed this complaint on December 14, 2005, alleging constitutional violations by several law enforcement officers at the Leon County Jail. (Doc. 1). Leave to proceed in forma pauperis was granted in an Order dated December 20, 2005, which was mailed to Plaintiff at a free-world address provided by the Plaintiff. (Doc. 4). The Order was returned as undeliverable, but was re-mailed to him. (See Doc. 8). Two more mail attempts were made, but the Order came back as undeliverable marked "Return to Sender." (Docs. 10 and 11). Two additional attempts were made and returned marked "Return to Sender Attempted Not Known." (Docs. 13 and 15). There has been no contact from the Plaintiff since December 14, 2005, and the Court has no other address for him.
A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash Railroad, 370 U.S. 626, 82 S. Ct. 1386, 8 L.Ed2d 734 (1962). Fed.R.Civ.P. 41(b) also authorizes a district court to dismiss an action for failure to obey a court order. Plaintiff has failed to advise the Court of his new address after he was released, and the Court has no means for communicating with him about his case. Consequently, this case should be dismissed.
Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice.