PARKER v. HOLLAND
PARKER v. HOLLAND
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION
JIMMY WESLEY PARKER, : : Plaintiff, : : v. : : Case No. 4:19-cv-00171-CDL-MSH HOLLAND, et al., : : Defendants. : : : :
ORDER
Plaintiff Jimmy Wesley Parker filed a document the Court construes as a pro se civil rights complaint seeking relief under
42 U.S.C. § 1983without prepaying the Court’s filing fee. Compl., ECF No. 1. Plaintiff did not submit his pleading on the Court’s standard form for filing such actions and did not submit an application to proceed without prepayment of the fee. Accordingly, the Court ordered Plaintiff to (1) recast his complaint using the Court’s standard § 1983 form, and (2) either pay the Court’s filing fee or submit a properly completed motion for leave to proceed in forma pauperis. Order, ECF No. 4. Plaintiff was afforded twenty-one day in which to comply with that Order and was warned that failure to fully and timely comply may result in dismissal of this action. Id. at 3. The deadline passed with no response from Plaintiff. As a result, the Magistrate Judge directed Plaintiff to show cause why this action should not be dismissed due to Plaintiff’s failure to follow the Court’s directives. Order to Show Cause, ECF No. 5. The Magistrate Judge again afforded Plaintiff twenty-one days to respond and cautioned Plaintiff that failure to comply with the Court’s directives would result in dismissal of his complaint. Id. at 2.
As of the date of this order, the deadline for Plaintiff to show cause has passed without response from Plaintiff. Because Plaintiff has failed to comply with previous orders or to prosecute his case, the Court now DISMISSES this action in its entirety WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t,
205 F. App’x 802, 802(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.,
570 F.2d 541, 544(5th Cir. 1978))). SO ORDERED, this 18th day of December, 2019. s/Clay D. Land CLAY D. LAND CHIEF UNITED STATES DISTRICT JUDGE MIDDLE DISTRICT OF GEORGIA
Reference
- Status
- Unknown