Jarvis Josephus Canty v. Sheriff David Davis, et al. - Recommendation of Dismissal

Middle District of Georgia Opinions

Filed January 29th, 2026

Detected March 12th, 2026

Summary

The U.S. District Court for the Middle District of Georgia has issued a Recommendation of Dismissal in the case of Jarvis Josephus Canty v. Sheriff David Davis, et al. The recommendation is based on the plaintiff's failure to keep the court informed of his mailing address, rendering him unreachable.

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What changed

This document is a Recommendation of Dismissal for Case No. 5:25-cv-528-CAR-CHW, Jarvis Josephus Canty v. Sheriff David Davis, et al., filed in the U.S. District Court for the Middle District of Georgia. The recommendation stems from the plaintiff, Jarvis Josephus Canty, an inmate, failing to provide a current mailing address. Correspondence sent to his last known address was returned as undeliverable, and searches of correctional facility databases did not locate him. The court cites this as a failure to prosecute the action.

The practical implication is that the plaintiff's complaint is recommended for dismissal without prejudice due to his unresponsiveness and inability to be contacted by the court. This action highlights the importance for pro se litigants, particularly inmates, to maintain updated contact information with the court to ensure their cases can proceed and to avoid dismissal.

What to do next

Ensure all inmate litigation filings include current and verifiable mailing addresses.
Monitor returned mail for pro se litigants and attempt to locate current addresses if possible.
Follow court procedures for dismissal due to failure to prosecute or maintain contact.

Source document (simplified)

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Jan. 29, 2026 Get Citation Alerts Download PDF Add Note

Jarvis Josephus Canty v. Sheriff David Davis, et al.

District Court, M.D. Georgia

Citations: None known
Docket Number: 5:25-cv-00528
Precedential Status: Unknown Status
Opinion
Authorities (3)
Cited By (0)
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Trial Court Document

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

JARVIS JOSEPHUS CANTY, :

:

Plaintiff, :

:

v. : Case No. 5:25-cv-528-CAR-CHW

:

SHERIFF DAVID DAVIS, et al., :

:

Defendants. :

________________________________ :

       RECOMMENDATION OF DISMISSAL

Pending before the Court is a Complaint filed by pro se Plaintiff Jarvis Josephus
Canty, an inmate most recently incarcerated at the Bibb County Law Enforcement Center
in Macon, Georgia (ECF No. 1). On January 14, 2026, recent correspondence mailed to
Plaintiff at the Bibb County LEC was returned to the Court as undeliverable and marked,
“Not in Jail Return to Sender.” ECF No. 4 at 1. The Bibb County Sheriff’s Office online
inmate search page does not show Plaintiff as a current inmate. See
https://inmate.bibbsheriff.us/search https://perma.cc/V833-76D2A (last visited Jan. 26, 2026). A search of the Georgia Department of Corrections
online offender query system likewise fails to show Plaintiff as a current inmate. See
https://services.gdc.ga.gov/GDC/OffenderQuery/jsp/OffQryRedirector.jsp https://perma.
cc/FNB3-BBGP (last accessed Jan. 26, 2026). The Court thus
has no knowledge of Plaintiff’s current whereabouts.

Plaintiff’s failure to keep the Court informed of his mailing address is a failure to
prosecute this action warranting its dismissal. See Fed. R. Civ. P. 41; see also Brown v.

Tallahassee Police Dep't, 205 F. App'x 802, 802 (11th Cir. 2006) (“The court may dismiss
an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court
order.”) (citing Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir.
1978)).1 Moreover, this action simply cannot proceed if the Court does not have a current
mailing address for Plaintiff. It is therefore RECOMMENDED that Plaintiff’s Complaint
be DISMISSED without prejudice and that Plaintiff’s motion for leave to proceed in

forma pauperis (ECF No. 2) be DENIED as moot. Although it may be an exercise in
futility, the Clerk is DIRECTED to mail Plaintiff a copy of this Recommendation to his
last known address at the Bibb County LEC.

OBJECTIONS

Pursuant to 28 U.S.C. § 636 (b)(1), the parties may serve and file written objections

to these recommendations with the Honorable C. Ashley Royal, Senior United States
District Judge, WITHIN FOURTEEN (14) DAYS after being served with a copy of this
Recommendation. Any objection is limited in length to TWENTY (20) PAGES. See
M.D. Ga. L.R. 7.4. The parties may seek an extension of time in which to file written
objections, provided a request for an extension is filed prior to the deadline for filing written

objections. Failure to object in accordance with the provisions of § 636(b)(1) waives the

1 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the
Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit
handed down prior to close of business on September 30, 1981.

right to challenge on appeal the district judge’s order based on factual and legal conclusions
to which no objection was timely made. See 11th Cir. R. 3-1.

IT IS SO RECOMMENDED, this 29th day of January, 2026.

                     s/ Charles H. Weigle                        
                     Charles H. Weigle                           
                     United States Magistrate Judge