ROBINSON v. DRAKE

United States District Court for the Middle District of Georgia

ROBINSON v. DRAKE

Trial Court Opinion

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

PAUL LEWIS ROBINSON, : : Plaintiff, : : V. : : NO. 3:22-cv-00024-CAR-CHW DRAKE, et al., : : Defendants. : _________________________________: ORDER OF DISMISSAL

Plaintiff Paul Lewis Robinson, a detainee in the Walton County Jail in Monroe, Georgia, filed a complaint pursuant to

42 U.S.C. § 1983

. Compl., ECF No. 1. Plaintiff did not, however, either pay the $402.00 filing fee applicable to such a complaint or move for leave to proceed in this action in forma pauperis. Accordingly, Plaintiff was previously ordered to either pay the $402.00 filing fee in full or move for leave to proceed in forma pauperis.1 Order, ECF No. 3. Plaintiff was given fourteen days to either pay the filing fee or submit a proper and complete motion for leave to proceed in forma pauperis.

Id.

Plaintiff was also cautioned that his failure to fully and timely comply could result in the dismissal of this case.

Id.

More than fourteen days passed following entry of that order, and Plaintiff did not

1Plaintiff appears to have accrued three strikes for the purposes of

28 U.S.C. § 1915

(g). See, eg., Robinson v. Holley, Case No. 3:22-cv-13-CAR-CHW (M.D. Ga. Feb. 8, 2022) (identifying Plaintiff as having accrued three strikes). Thus, it was noted that Plaintiff would only be permitted to proceed in forma pauperis if he could establish that he was in imminent danger of serious physical injury.

28 U.S.C. § 1915

(g). take any of the steps outlined in the order or otherwise respond to the order. Therefore, Plaintiff was ordered to respond and show cause why the case should not be dismissed based on his failure to comply. Order to Show Cause, ECF No. 4. Plaintiff was given

fourteen days to respond and was cautioned that his failure to do so would result in the dismissal of this case.

Id.

More than fourteen days have now passed since the show cause order was entered, and Plaintiff has not responded to that order.2 Thus, because Plaintiff has failed to respond to the Court’s orders or otherwise prosecute his case, this action 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 2nd day of May, 2022.

s/C. Ashley Royal C. ASHLEY ROYAL, SENIOR JUDGE UNITED STATES DISTRICT COURT

2In another case, an order sent to Plaintiff at the Walton County Jail, the only address on file for Plaintiff, has been returned to this Court as undeliverable. Mail Returned, Robinson v. Chapman, Case No. 3:22-cv-00022-CAR-CHW (M.D. Ga. April 15, 2022), ECF No. 6. It is Plaintiff’s responsibility to keep the Court informed of his current address, and his failure to do so constitutes a failure to prosecute.

Reference

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