JOHNSON v. MOULTON

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RASHUN JOHNSON, 	:
:
Petitioner, 	:
:
VS. 	:
: 	NO. 5:25-CV-00411-CAR-CHW
Sheriff MATTHEW MOULTON, 	:
:
Respondent. 	:
__________________________________
ORDER
Pro se Petitioner Rashun Johnson filed a petition for federal habeas corpus relief
while an inmate in the Houston County Detention Center in Perry, Georgia. 	ECF No. 1.
On October 22, 2025, Petitioner was ordered to recast his complaint and provided
instructions on how to do so. 	ECF No. 4. 	Petitioner was also ordered to submit a certified
inmate account statement in support of his request to proceed without payment of the filing
fee. 	Id. 	Petitioner was given fourteen (14) days to comply with the Court’s order and
was informed that failure to comply could result in dismissal of this action. 	Id. 	Petitioner
failed to respond.
Therefore, on November 21, 2025, the Court notified Petitioner that he failed to
respond to an order of the Court. 	ECF No. 7. 	Petitioner was ordered to show cause why
this action should not be dismissed for failure to comply with the Court’s order. 	Id. 	The
Court informed Petitioner that this action could be dismissed if he failed to respond to the
order to show cause. 	Id. 	Petitioner was given fourteen (14) days to respond. 	Petitioner
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has failed to respond.
Moreover, mail sent by the Court to the Petitioner has been returned suggesting that
he is no longer incarcerated in the Houston County Detention Center. 	See ECF Nos. 6 and
7. 	A review of the Houston County Detention Center online inmate database reveals that
Petitioner was released from the custody of the Houston County Detention Center some
time before November 15, 2025 and has remained out of their custody as of December 15,
2025. 	See 	https://houston-so-ga.zuercherportal.com/#/inmates 	(search 	for 	“Johnson,
Rashun”, last visited December 15, 2025); https://perma.cc/67BC-TYX2. 	Petitioner was
previously instructed that he must immediately inform the Court in writing of any change
in his mailing address. 	See ECF No. 4 at 4. Petitioner has failed to notify the Court of his
current address.
Due to Petitioner’s failure to follow the Court’s Orders, failure to keep the Court
informed 	of 	his 	address, 	and 	failure 	to 	prosecute 	this 	action, 	the 	case 	is 	hereby
DISMISSED 	WITHOUT 	PREJUDICE. 	See 	Fed. 	R. 	Civ. 	P. 	41(b); 	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 Fed. R. Civ. P. 41(b) and Lopez v. Aransas Cty. Indep. Sch. Dist., 570 F.2d
541, 544 (5th Cir. 1978)).
SO ORDERED, this 16th day of December, 2025.
s/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
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