Jonathan Denham v. Felicia Dupass, Detra Willis, Shaun Tia Davis, and Rhonda Ross

Summary

A magistrate judge recommends dismissing Jonathan Denham’s pro se 42 U.S.C. § 1983 action without prejudice for failure to prosecute and failure to comply with an order requiring him to update his address. The recommendation relies on Federal Rule of Civil Procedure 41(b), the court’s inherent docket-management authority, and Local Rule 41.1 of the Southern District of Georgia.

Holdings

1. A district court may dismiss an action for failure to prosecute or failure to comply with a court order under Federal Rule of Civil Procedure 41(b), its inherent authority to manage its docket, and applicable local rules.
2. Dismissal without prejudice is appropriate where a plaintiff fails to comply with a court order after being warned that noncompliance may result in dismissal.
3. Monetary sanctions were not a feasible alternative to dismissal because Plaintiff was proceeding in forma pauperis and had paid no portion of the filing fee.

Questions Presented

1. Whether the action should be dismissed without prejudice for Plaintiff's failure to keep the Court informed of his current address and failure to comply with the Court's November 21, 2025 order.
2. Whether monetary sanctions were a feasible alternative to dismissal where Plaintiff was proceeding in forma pauperis and had paid none of the filing fee.
3. Whether dismissal should be without prejudice rather than with prejudice before adjudication on the merits.

Disposition

dismissed