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

GERARDO ROEL SIFUENTES, : : Plaintiff, : Case No. 5:22-CV-00406-MTT-CHW : v. : : STATE OF GEORGIA, et al., : : Defendants. :

ORDER

Pro se Plaintiff Gerardo Roel Sifuentes, a prisoner confined in Macon State Prison in Oglethorpe, Georgia, filed a document that was docketed as a

complaint. ECF No. 1. Plaintiff also filed a statutorily incomplete motion to proceed in forma pauperis. ECF No. 2. On November 30, 2022, Plaintiff was ordered to recast his complaint on a standard § 1983 form and to either submit a motion to proceed in forma pauperis on a standard form along with a certified account statement or pay the full filing fee. ECF No. 8. Plaintiff was given fourteen (14) days to respond and was informed that failure to comply would result in dismissal of his action. Id. Plaintiff failed to comply with the Court’s order. Therefore, on December 29, 2022, the Court notified Plaintiff that he failed to properly respond to an order of the Court. ECF No. 12. Plaintiff was ordered to show cause why his action should not be dismissed for failure to comply with the Court’s order. Id. The Court unambiguously informed Plaintiff that his action would be dismissed if he failed to respond. Id. Plaintiff was given fourteen (14) days to respond and he has failed to do so.

Due to Plaintiff’s failure to follow the Court’s Orders and failure to prosecute this action, the case is hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t,

(11th Cir. 2006) (citing Fed. R. Civ. P. 41(b) and Lopez v. Aransas Cty. Indep. Sch. Dist.,

(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 20th day of January, 2023.

S/Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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