SMITH v. THOMAS COUNTY

United States District Court for the Middle District of Georgia

SMITH v. THOMAS COUNTY

Trial Court Opinion

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

CHRISTOPHER JOHN SMITH, : Plaintiff, □ : No. 7:25-cv-00047-WLS-ALS v. : THOMAS COUNTY, ef Defendants.

ORDER Pro se Plaintiff Christopher John Smith filed a

42 U.S.C. § 1983

complaint while a pretrial detainee in the Thomas County Jail in Thomasville, Georgia. ECF No. 1. Plaintiff also requested leave to proceed in forma pauperis, ECF No. 2. On May 27, 2025, the Court granted Plaintiff's motion to proceed in forma pauperis and ordered Plaintiff to pay an initial partial filing fee of $32.88. ECF No. 6. Plaintiff was given fourteen days to pay the fee. /d. He was informed that failure to comply with an order of the court may result in dismissal of his complaint. 7d. Plaintiff did not pay the fee. On June 11, 2025, Plaintiff filed a change of address indicating that he had been transferred to the Walton County Jail in Defuniak Springs, Florida. ECF No. 7. The Clerk of Court then immediately mailed the Court’s order to pay the initial partial filing fee (ECF No. 6) to Plaintiff at his new address. Plaintiff did not respond. Therefore, on July 9, 2025, which was one month after forwarding the Court’s order to Plaintiffat his new address, the Court notified Plaintiff that it had not received a response from him. ECF No. 8. The Court ordered Plaintiff to show cause why this action should

not be dismissed for failure to comply with this Court’s order, /d. The Court again informed Plaintiff that his action could be dismissed if he failed to pay the filing fee or otherwise respond to the order to show cause. /d, Plaintiff failed to respond. Because Plaintiff has failed to comply with the Court’s orders or otherwise prosecute his case, his complaint is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b), Brown v. Tallahassee Police Dep't,

205 F. App’x 802, 802

(11th Cir. 2006) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”) (citing Fed. R. Civ. P, 41(b) and Lopez v. Aransas Cty. Indep. Sch, Dist,,

570 F.2d 541, 544

(Sth Cir. 1978)). Because Plaintiffs civil action is being dismissed for failure to obey the Court’s orders, Plaintiffs motion for summary judgment (ECF No. 4) is DENIED WITHOUT PREJUDICE, as moot. SO ORDERED, this {44 day of August, 2025. M. Lrusstiue W, LOUIS SANDS, JUDGE UNITED STATES DISTRICT COURT

Reference

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