AMMONS v. BIBB COUNTY SHERIFFS OFFICE

United States District Court for the Middle District of Georgia

AMMONS v. BIBB COUNTY SHERIFFS OFFICE

Trial Court Opinion

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

TIMOTHY AMMONS IV., : : Plaintiff, : : No. 5:24-cv-00187-MTT-TQL v. : : BIBB CO. SHERIFF’S OFFICE, : et al., : : Defendants. : :

ORDER Pro se Plaintiff Timothy Ammons, IV., while an inmate at the Bibb County Jail in Macon, Georgia filed a

42 U.S.C. § 1983

complaint. ECF No. 1. Plaintiff requested leave to proceed in forma pauperis. ECF No. 2. On August 21, 2024, the Court granted Plaintiff’s motion to proceed in forma pauperis and ordered Plaintiff to pay an initial partial filing fee of $29.61 within fourteen days. ECF No. 11. Plaintiff was further instructed that he must keep the Court informed of any future address change.

Id. at 4

; see also ECF No. 4 at 2. Plaintiff was advised that failure to comply with an order of the Court can result in dismissal of his civil action.

Id.

Plaintiff failed to respond. On September 13, 2024, the Court notified Plaintiff that it had not received payment of the filing fee and Plaintiff was ordered to show cause why this action should not be dismissed for failure to comply with an order of the Court. ECF No. 13. The Court again informed Plaintiff that this action could be dismissed if he failed to respond to a court order or otherwise pay the filing fee.

Id.

Plaintiff was given fourteen (14) days to comply with the Court’s order.

Id.

Plaintiff has again failed to respond and mail sent to the Plaintiff has been returned to the Court with a notation that he is no longer incarcerated at the Bibb

County Jail. See ECF Nos. 12 and 14. Due to Plaintiff’s failure to follow the Court’s Orders, failure to keep the Court informed of his address, 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,

205 F. App’x 802, 802

(11th Cir. 2006) (citing Fed. R. Civ. P. 41(b) and Lopez v. Aransas Cty. 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 4th day of October, 2024. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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