Opinion
4:21-CV-112-CDL-MSH
09-22-2021
ORDER
CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA
Plaintiff Moussa Diarra, a pretrial detainee in the Dekalb County Jail in Atlanta, Georgia, filed a 42 U.S.C. § 1983 action. ECF No. 1. He also moved to proceed in forma pauperis. ECF No. 2. The Court granted his motion to proceed in forma pauperis and ordered him to file a recast complaint. ECF No. 8. The Court explained the deficiencies in Plaintiff's original complaint and provided instructions regarding how to proceed with his recast complaint. Id. at 3-4. The Court gave Plaintiff twenty-one days to file his recast complaint and specifically informed him that failure to do so would result in dismissal of his action. Id. at 4-5.
Plaintiff has not filed his recast complaint. Due to Plaintiff's failure to follow the Court's Order and prosecute this action, the case is hereby DISMISSED WITHOUT PREJUDICE. Fed.R.Civ.P. 41(b); Brown v. Tallahassee Police Dep't, 205 Fed.Appx. 802, 802 (11th Cir. 2006) (citing Fed.R.Civ.P. 41(b) and Lopez v. Aransas Ctny. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978)) (holding the court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order); Gromley v. Nix, No. 04-12374, 2005 WL 2090282, at *4 (11th Cir. Aug. 31, 2005) (citing Wilson v. Sargent, 313 F.3d 1315 (11th Cir. 2002)) (finding that the district court had no “obligation to inquire regarding an inmate's attempts to comply with a court order” to submit a required form).
Plaintiff's motion for non-waiver, ECF No. 9, is DENIED as moot.
SO ORDERED, this 22nd day of September 2021.