HILLSMAN v. UNNAMED DEFENDANT(s)
HILLSMAN v. UNNAMED DEFENDANT(s)
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION RAKEIM HILLSMAN, Plaintiff, CIVIL ACTION NO. v. 5:20-cv-00316-TES-TQL UNNAMED DEFENDANT(S), Defendant.
ORDER
On September 14, 2020, the Court ordered Plaintiff Rakeim Hillsman to recast his Complaint [Doc. 1] and provided instructions regarding how to do so. [Doc. 7]. The Court also ordered Plaintiff to either pay the $400.00 filing fee or file a proper motion to proceed in forma pauperis. [Id.]. Plaintiff was given 21 days to respond and informed that failure to comply would result in the dismissal of his case. [Id.]. Plaintiff failed to respond. Therefore, on October 15, 2020, the Court notified Plaintiff that it had not received a response and ordered him to show cause why his case should not be dismissed for failure to comply with the Court’s previous orders and instructions. [Doc. 9]. The Court specifically informed Plaintiff that his action would be dismissed if he failed to respond. [Id.]. Plaintiff was given 14 days to respond, and he failed to do so. Because Plaintiff has failed to respond to the Court’s orders and otherwise failed to diligently prosecute his claims, his Complaint is 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) (per curiam) (first citing Fed. R. Civ. P 41(b) and then citing Lopez v. Aransas Cnty. Indep. Sch. Dist.,
570 F.2d 541, 544(5th Cir. 1978)) (“The court may dismiss an action sua
sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”). SO ORDERED, this 5th day of November, 2020. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Reference
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