Opinion
4:23-cv-01024-JM
11-30-2023
TERRY SWANIGAN ADC #101568 PLAINTIFF v. DEXTER PAYNE, Director, ADC; et al. DEFENDANTS
ORDER
Terry Swanigan (“Plaintiff”) has filed a pro se Complaint seeking relief pursuant to 42 U.S.C. § 1983. (Doc. 1.) On October 27, 2023, the Court ordered Plaintiff to either pay the filing fee in full or file an Application to Proceed In Forma Pauperis. (Doc. 5.) The Court also provided Plaintiff with the necessary forms and advised him this case would be dismissed without prejudice if he did not timely comply with the Order. (Id.) Plaintiff has not complied with the Order, and the time to do so has passed.
IT IS, THEREFORE, ORDERED that the Complaint (Doc. 1) is DISMISSED without prejudice due to a lack of prosecution. See Fed.R.Civ.P. 41(b); Local Rule 5.5(c)(2). Plaintiff's Motion for a Temporary Restraining Order/Preliminary Injunction (Doc. 2) is DISMISSED and the October 27, 2023 Partial Recommended Disposition (Doc. 6) is DECLINED as moot. This case is CLOSED, and the Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).