JONES v. MUSCOGEE COUNTY PRISON

United States District Court for the Middle District of Georgia

JONES v. MUSCOGEE COUNTY PRISON

Trial Court Opinion

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

OSRIC ANTONIO JONES, : : Plaintiff, : : NO. 4:21-cv-00063-CDL-MSH VS. : : MUSCOGEE COUNTY PRISON : Floor Officers, : : Defendants. : ________________________________ :

ORDER

Presently pending before the Court is a recast complaint for relief under

42 U.S.C. § 1983

filed by pro se Plaintiff Osric Antonio Jones, a recently-released former prisoner (ECF No. 11). On August 17, 2021, Plaintiff was instructed to either pay the Court’s filing fee in full or file a non-prisoner motion for leave to proceed in forma pauperis if he wished to proceed with this action. Plaintiff was given twenty-one (21) days to comply, and he was warned that the failure to fully and timely comply with the Court’s orders and instructions would result in the dismissal of this case. See generally Order, Aug. 17, 2021, ECF No. 15. The time for compliance passed without a response from Plaintiff. As such, the Court ordered Plaintiff to respond and show cause why his lawsuit should not be dismissed for failing to comply with the Court’s previous orders and instructions. Plaintiff was given twenty-one (21) days to comply, and he was again warned that the failure to comply with the Court’s orders and instructions would result in the dismissal of his Complaint. See generally Order, Sept. 24, 2021, ECF No. 16. The time for compliance has again passed without a response from Plaintiff.

Because Plaintiff has failed to comply with the Court’s orders and instructions and otherwise failed to diligently prosecute his claims, this action is DISMISSED without prejudice. See Fed. R. Civ. P. 41; see also 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 Lopez v.

Aransas Cnty. Indep. Sch. Dist.,

570 F.2d 541, 544

(5th Cir. 1978)). SO ORDERED, this 25th day of October, 2021.

S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA

Reference

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