Burns v. Chatham County Detention Center

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

LARRY JEROME BURNS, JR., ) ) Plaintiff, ) ) v. ) CV421-113 ) CAPT. IRVIN, et al., ) ) Defendants. )

ORDER The Court previously directed Plaintiff Larry Jerome Burns, Jr. to submit an amended complaint to address defects in his deliberate indifference, failure to protect, and First Amendment retaliation claims. See, e.g., doc. 13 at 19. The deadline for him to submit his amendment has passed without any action from Burns. See generally docket. Since he has failed to obey the Court’s Order and failed to prosecute this case, it is DISMISSED. A district court retains the inherent power to police its docket and to enforce its orders. Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 (1962); 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); Brown v. Tallahassee Police Dept., 205 F. App’x 802, 802 (11th Cir. 2006). Under the Federal Rules of Civil Procedure, a complaint may be dismissed either for failure to prosecute or for failure to comply with an order of the

court. Fed. R. Civ. P. 41(b). Additionally, this Court’s Local Rules provide that the Court may dismiss an action for want of prosecution when a party has “willful[ly] disobe[yed] .. . any order of the Court” or for “[a]ny other failure to prosecute a civil action with reasonable promptness.” S.D. Ga. L.R. 41.1(b), (c). Burns’ failure to prosecute this

case and failure to respond to the Court’s Order warrant dismissal. Accordingly, his Complaint is DISMISSED for failing to obey a court order, the Local Rules, and failing to prosecute his case. Doc. 1. The Clerk of Court is DIRECTED to CLOSE this case. SO ORDERED, this 4th day of September, 2024. Leigh. CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA