FORD v. BEASLEY
FORD v. BEASLEY
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION
MICHAEL FORD, : : Plaintiff, : : v. : : No. 5:20-cv-00424-MTT-MSH UNIT MANAGER EASLEY, et al., : : Defendants. : : _________________________________:
ORDER
Plaintiff Michael Ford, a prisoner in Baldwin State Prison in Hardwick, Georgia, filed a handwritten document, which was docketed in this Court as a
42 U.S.C. § 1983complaint. Compl., ECF No. 1. He did not, however, use the required civil rights complaint form. See
id.Additionally, Plaintiff did not either pay the Court’s filing fee or move to proceed in this action in forma pauperis. As a result, Plaintiff was ordered to complete and return a
42 U.S.C. § 1983complaint form and either pay the filing fee or seek leave to proceed in forma pauperis. Order, ECF No. 6. 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.
Id.Thereafter, Plaintiff did not file a recast complaint, pay the filing fee, or move to proceed in forma pauperis within the allotted time. Accordingly, Plaintiff was then ordered to show cause to the Court why this case should not be dismissed for failure to comply with the previous order. Order to Show Cause 1, ECF No. 8. Plaintiff was given twenty-one days to file his response and was cautioned that his failure to do so could result in the dismissal of this case.
Id. at 1-2. More than twenty-one days have now passed since that order was entered, and
Plaintiff has not responded to the show cause order or otherwise complied with the previous order. Thus, because Plaintiff has failed to respond to the Court’s orders and has otherwise failed to prosecute this 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,
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 22nd day of February, 2021.
S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
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