United States District Court, S.D. Mississippi, Southern Division
TIMOTHY L. BURRUS PLAINTIFF
GLEN RISHEL, DEFENDANTS
ORDER OF DISMISSAL WITHOUT PREJUDICE
GUIROLA, U.S. DISTRICT JUDGE
matter is before the Court sua sponte. After consideration of
the record in this case and relevant legal authority, and for
the reasons discussed below, the Court finds that this civil
action should be dismissed without prejudice.
Plaintiff Timothy L. Burrus brings this conditions of
confinement Complaint pursuant to 42 U.S.C. § 1983. At
the time of filing this action, Burrus was incarcerated at
the Harrison County Adult Detention Center in Gulfport,
Notice of Assignment
April 14, 2017, the Clerk issued a Notice of Assignment [Ex.
1-3] advising Burrus that he was required to notify the Court
in writing if his address changed and it also warned Burrus
that his failure to advise the Court of a change of address
or his failure to timely comply with any order of the Court
would be deemed a purposeful delay and contumacious act that
may result in the dismissal of this case.
Order of April 20, 2017
April 20, 2017, the Court entered an Order  directing
Burrus to sign his Complaint in compliance with Rule 11(a) of
the Federal Rules of Civil Procedure. The Order  directed
Burrus to file a signed version of his Complaint no later
than May 4, 2017. The Order  also warned Burrus that
failure to timely comply or failure to keep the Court
informed of his current address will lead to the dismissal of
this case without further written notice. Burrus failed to
comply with this Order  or otherwise contact the Court.
Show Cause Order of May 24, 2017
24, 2017, the Court entered a Show Cause Order  directing
Burrus to show cause, on or before June 7, 2017, why this
case should not be dismissed for his failure to comply with
the Court's previous Order . The Show Cause Order 
warned Burrus that failure to timely comply or failure to
advise the Court of a change of address would result in the
dismissal of this case. The Order was mailed to Burrus at the
Harrison County Adult Detention Center which is the address
Burrus provided in his Complaint. Compl.  at 1-2. On June
1, 2017, the envelope  containing the Show Cause Order 
was returned by the postal service with the label
“return to sender - refused - unable to forward.”
Ret. Mail . There was also a handwritten notation on the
envelope stating “released.” Id.
Final Show Cause Order of June 21, 2017
21, 2017, the Court entered a Final Order to Show Cause 
directing Burrus to show cause, on or before July 5, 2017,
why this case should not be dismissed for his failure to
comply with the Court's previous Orders. The Final Show
Cause Order  directed Burrus to comply with the
Court's previous Orders on or before July 5, 2017. The
Final Show Cause Order  also warned Burrus that “if
he fails to fully comply with this Order in a timely manner
or if he fails to keep this Court advised of his current
address, this case will be dismissed.” Order  at 2.
The Order was mailed to Burrus at the Harrison County Adult
Detention Center. On June 30, 2017, the envelope 
containing the Final Show Cause Order  was returned by the
postal service with the label “return to sender - not
deliverable - unable to forward.” Ret. Mail .
Court has the authority to dismiss an action sua sponte for
failure to prosecute and failure to comply with court orders
under Rule 41(b) of the Federal Rules of Civil Procedure and
under its inherent authority. See Link v. Wabash
R.R., 370 U.S. 626 (1962); Larson v. Scott, 157
F.3d 1030 (5th Cir.1998); McCullough v. Lynaugh, 835
F.2d 1126 (5th Cir. 1988). The Court must be able to clear
its calendar of cases that remain dormant because of the
inaction or dilatoriness of the parties seeking relief, so as
to achieve the orderly and expeditious disposition of cases.
Link, 370 U.S. at 630. Such a ...