Joshua E. Powell v. Dooly State Prison

IFNO TRH TEH UEN MITIDEDDL SET ADTISETSR DICISTT ORFIC GTE COORUGRIAT MACON DIVISION JOSHUA E. POWELL, : : Plaintiff, : : VS. : : NO. 5:25-cv-00405-TES-CHW DOOLY STATE PRISON, : : Defendant. : _________________________________ ORDER OF DISMISSAL Plaintiff Joshua E. Powell, a prisoner in Dooly State Prison in Unadilla, Georgia, filed a civil rights complaint under 42 U.S.C. § 1983. ECF No. 1. He also moved for leave to proceed in forma pauperis in this action. ECF No. 2. Thereafter, the United States Magistrate Judge ordered Plaintiff to submit a new motion to proceed in forma pauperis, including a certified copy of his trust fund account statement. ECF No. 7. The Magistrate Judge gave Plaintiff fourteen days to file his new motion to proceed in forma pauperis and cautioned Plaintiff that his failure to do so may result in the dismissal of this case. Id. The time for compliance passed, and Plaintiff did not file a new motion to proceed in forma pauperis or otherwise respond to the Court’s order. Therefore, the Magistrate Judge ordered Plaintiff to show cause why this case should not be dismissed based on his failure to file a new motion to proceed in forma pauperis. ECF No. 8. The Magistrate Judge gave Plaintiff another fourteen days to respond and cautioned him that his failure to do so may result in the dismissal of this case. Id. More than fourteen days have passed since the Magistrate Judge entered that order, and Plaintiff has not filed a response or otherwise communicated with the Court. Thus, 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 20th day of February, 2026.

S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT