RUSSELL v. WILLIAMS

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

MACON DIVISION LAMORRIS RUSSELL,

Plaintiff,

CIVIL ACTION NO. v.

5:21-cv-00040-TES-CHW

CO II Officer STAINLY WILLIAMS, et al.,

Defendants.

ORDER Plaintiff LaMorris Russell, a prisoner in Baldwin State Prison in Hardwick, Georgia, mailed the United States District Court for the Northern District of Georgia a letter that was construed as a 42 U.S.C. § 1983 action. [Doc. 1]. The Northern District of Georgia transferred the action to this Court. [Doc. 6]. On February 3, 2021, the United States Magistrate Judge ordered Plaintiff to file a recast complaint using the Court’s standard 42 U.S.C. § 1983 form and to either pay the filing fee or submit a motion to proceed in forma pauperis, including a certified copy of his trust fund account for the last six months. [Doc. 9]. Plaintiff did not respond to this Order [Doc. 9].

On March 19, 2021, the Court ordered Plaintiff to show cause why his case should not be dismissed for failure to comply with the Court’s February 3, 2021 Order. [Doc. 11]. Plaintiff did not respond to the Order to Show Cause [Doc. 11].

Because Plaintiff has repeatedly failed to comply with previous orders and to prosecute his case, the Court DISMISSES his Complaint [Doc. 1] 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 6th day of May, 2021.

S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT