GRADDY v. BOLKCOM

United States District Court for the Middle District of Georgia

GRADDY v. BOLKCOM

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

RONALD GRADDY, : : Plaintiff, : : Case No. 4:21-cv-00037-CDL-MSH v. : : BOLKCOM, IV., JUDGE, : : Defendant. : : _________________________________

DISMISSAL ORDER

Pro se Plaintiff Ronald Graddy, a former inmate at the Georgia Diagnostic & Classification Prison in Jackson, Georgia, filed a

42 U.S.C. § 1983

civil rights claim. ECF No. 1. Plaintiff also filed an incomplete motion for leave to proceed in forma pauperis. ECF No. 2. On June 10, 2021, Plaintiff was ordered to recast his complaint. ECF No. 4. He was also ordered to either submit a complete motion to proceed in forma pauperis with the proper supporting documents or pay the full filing fee.

Id.

Plaintiff was given fourteen (14) days to respond and was informed that failure to comply would result in dismissal of his action.

Id.

Plaintiff filed a recast complaint. ECF No. 7. However, he also filed another incomplete motion to proceed in forma pauperis without a certified copy of his prison trust account. ECF No. 8. Therefore, on July 2, 2021, the Court ordered Plaintiff to show cause why his action should not be dismissed for failure to comply with this Court’s order to pay the filing fee or file a proper motion to proceed in forma pauperis. ECF No. 8. The Court unambiguously informed Plaintiff that his action would be dismissed if he failed to comply.

Id.

Plaintiff was given fourteen (14) days to respond and he has failed to do so.

Because Plaintiff has failed to comply with the Court’s orders or otherwise prosecute his case, 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) (“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 26th day of July, 2021.

S/Clay D. Land CLAY D. LAND, JUDGE UNITED STATES DISTRICT COURT

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