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Burke v. Wilcher, CV 417-098. (2019)

Court: District Court, S.D. Georgia Number: infdco20190625c01 Visitors: 20
Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: REPORT AND RECOMMENDATION CHRISTOPHER L. RAY , Magistrate Judge . This case should be DIMISSED without prejudice because plaintiff has failed to keep the Court apprised of his address and has failed to comply with the May 24, 2019, deadline to show cause why this case should not be dismissed on abandonment grounds. Doc. 47 (Order warning of dismissal if he failed to respond); doc. 48 (mail returned marked "released"). This Court has the authority to prune cases from its dockets where par
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REPORT AND RECOMMENDATION

This case should be DIMISSED without prejudice because plaintiff has failed to keep the Court apprised of his address and has failed to comply with the May 24, 2019, deadline to show cause why this case should not be dismissed on abandonment grounds. Doc. 47 (Order warning of dismissal if he failed to respond); doc. 48 (mail returned marked "released"). This Court has the authority to prune cases from its dockets where parties have failed to comply with its Orders. See L.R. 41(b); L.R. 11.1 ("Each attorney and pro se litigant has a continuing obligation to apprise the Court of any address change."); see also Link v. Wabash R.R. 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, CV491-277 (S.D. Ga. June 10, 1992).

This report and recommendation (R&R) is submitted to the district judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court's Local Rule 72.3. Within 14 days of service, any party may file written objections to this R&R with the Court and serve a copy on all parties. The document should be captioned "Objections to Magistrate Judge's Report and Recommendations." Any request for additional time to file objections should be filed with the Clerk for consideration by the assigned district judge.

After the objections period has ended, the Clerk shall submit this R&R together with any objections to the assigned district judge. The district judge will review the magistrate judge's findings and recommendation pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to timely file objections will result in the waiver of rights on appeal. 11th Cir. R. 3-1; see Symonett v. V.A. Leasing Corp., 648 F. App'x 787, 790 (11th Cir. 2016); Mitchell v. United States, 612 F. App'x 542, 545 (11th Cir. 2015).

SO REPORTED AND RECOMMENDED.

Source:  Leagle

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