CANTY v. DAVIS et al

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] 	(searched 	“Jarvis
Canty”) (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] (searched “Canty, Jarvis”) (last accessed Jan. 26, 2026). The Court thus
has no knowledge of Plaintiff’s current whereabouts.
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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.
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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
Case 5:25-cv-00528-CAR-CHW Document 5 Filed 01/29/26 Page 3 of 3