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

DREXEL MCCURTY, : : Plaintiff, : : VS. : NO. 5:22-CV-390-MTT-CHW : STATE OF GEORGIA; : et al., : : Defendants. : :

ORDER

Plaintiff Drexel McCurty, a prisoner in Baldwin State Prison in Hardwick, Georgia, filed a

action. ECF No. 1. He failed to pay the filing fee or move to proceed in forma pauperis. On December 7, 2022, the Court ordered Plaintiff to recast his complaint, pay the filing fee, or file a motion to proceed in forma pauperis, including a certified copy of his trust fund account. ECF No. 4. Plaintiff filed a recast complaint and moved to proceed in forma pauperis, but he failed to include a certified copy of his trust fund account. ECF Nos. 5; 6. The Court, therefore, ordered Plaintiff to show cause why his case should not be dismissed for failure to follow the Court’s December 7, 2022 order. ECF No. 7. Plaintiff failed to respond to the show cause order. Due to Plaintiff’s failure to follow the Court’s orders and 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. 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 February, 2023.

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

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