BEY v. BROOKS
BEY v. BROOKS
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION KENYA WARD GAMBLE, Plaintiff, CIVIL ACTION NO. v. 3:25-cv-00006-TES Deputy BROOKS, et al., Defendants.
ORDER DISMISSING CASE
Plaintiff Kenya Gamble filed this
42 U.S.C. § 1983action on January 3, 2025. [Doc. 1]. Initially, Plaintiff filed the action in the Macon Division, where Judge Treadwell granted Plaintiff’s Motion to Proceed In Forma Pauperis [Doc. 2], and directed him to amend his Complaint [Doc. 1] so the Court could appropriately screen it pursuant to
28 U.S.C. § 1915(e). [Doc. 3, p. 1].1 Judge Treadwell’s Order gave Plaintiff 21 days to comply, but Plaintiff failed to filed an amended pleading. Judge Treadwell explicitly warned: “Failure to fully and timely comply with this order may result in the dismissal of this action.” [Id.]. Therefore, because the Court warned Plaintiff of the possible consequences and he still chose not to comply, the Court DISMISSES Plaintiff’s Complaint [Doc. 1] without prejudice and DIRECTS the
1 Judge Treadwell also transferred this case to the Athens Division because that is “where the defendants reside.” [Doc. 3, p. 1]. Clerk of Court to CLOSE this case. See Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t,
205 F. App’x 802, 802(11th Cir. 2006) (per curiam) (first citing Fed. R. Civ. P.
41(b); and then citing Lopez v. Aransas Cnty. Indep. Sch. Dist.,
570 F.2d 541, 544(5th Cir. 1978)) (“The [C]ourt may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”).
SO ORDERED, this 11th day of February, 2025. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Reference
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