FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

DELROY T. BOOTH, : : Plaintiff, : : v. : No. 5:19-cv-00255-MTT-CHW : WILLIAMS, et al., : : Defendants. : _________________________________:

ORDER OF DISMISSAL

Pro se Plaintiff Delroy T. Booth, an inmate in Georgia State Prison in Reidsville, Georgia, filed a handwritten document, which was docketed in this Court as a

civil rights complaint. Compl., ECF No. 1. He did not, however, use the required § 1983 complaint form. See id. Moreover, although Plaintiff filed a motion for leave to proceed in forma pauperis in this action, he did not file that motion on the proper form and he failed to include the proper documentation to support his motion. See Mot. for Leave to Proceed In Forma Pauperis, ECF No. 2. As a result, Plaintiff was ordered to submit a properly completed

complaint form and a new motion for leave to proceed in forma pauperis. Order to Recast Compl., ECF No. 5. Plaintiff was given twenty-one days to comply and was cautioned that his failure to do so could result in the dismissal of this action.

Thereafter, Plaintiff did not comply with the order to recast his complaint and motion to proceed in forma pauperis on the proper forms. Plaintiff was therefore ordered to show cause why this case should not be dismissed Plaintiff was given twenty-one days to respond to the show cause order and was cautioned

that his failure to do so would result in the dismissal of this action.

More than twenty-one days have now passed since the order to show cause was entered, and Plaintiff has not responded to the show cause order. Thus, because Plaintiff has failed to respond to the Court’s orders or otherwise prosecute his case, it is hereby ORDERED that Plaintiff’s complaint be DISMISSED WITHOUT PREJUDICE. See

Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t,

(11th Cir. 2006) (per curiam) (“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.,

(5th Cir. 1978)). SO ORDERED, this 23rd day of October, 2019.

S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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