TICE v. WILLIAMS

United States District Court for the Middle District of Georgia

TICE v. WILLIAMS

Trial Court Opinion

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

CHEVY VANN TICE, : : Plaintiff, : : VS. : : NO. 5:25-cv-10-TES-CHW : Warden JOE WILLIAMS, : TYRONE OLIVER, : CENTURION MEDICAL : COMPANY, : : : Defendants. : :

ORDER

Plaintiff Chevy Vann Tice, a prisoner in the Georgia Diagnostic and Classification Prison in Jackson, Georgia, filed a pro se

42 U.S.C. § 1983

complaint and moved to proceed in forma pauperis. ECF No. 1; ECF No. 2. On January 27, 2025, the Court ordered Plaintiff to file a recast complaint and pay an initial partial filing fee in the amount of $6.50. ECF No. 4. Plaintiff filed a recast complaint but failed to pay the initial partial filing fee. ECF No. 6. The Court, therefore, ordered Plaintiff to show cause why his action should not be dismissed for failure to pay the initial partial filing fee. ECF No. 7. Plaintiff has not paid the required $6.50 or otherwise responded to the Order to Show Cause. Due to Plaintiff’s failure to provide a current address and failure to respond to 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,

205 F. App’x 802, 802

(11th Cir. 2006) (per curiam) (first citing Fed. R. Civ. P. 41(b); then citing Lopez v. Aransas Cnty. 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.”).1 SO ORDERED, this 26th day of March, 2025. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

1 Plaintiff’s motion for trial is DENIED as moot. (ECF No. 5).

Reference

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