Opinion
CIVIL ACTION NO. 5:20-cv-00356-TES-CHW
01-07-2021
ORDER
Plaintiff Adam Peterson, a prisoner in Washington State Prison in Davisboro, Georgia, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. [Doc. 1]. Plaintiff also sought leave to proceed in this action in forma pauperis (without prepayment of the filing fee). [Doc. 2]. Upon review, the Court granted Plaintiff such leave, but also ordered him to pay an initial partial filing fee in the amount of $71.30. [Doc. 4]. Plaintiff was given 21 days to pay the amount due to the Clerk of Court. [Id.]. Furthermore, the Court cautioned Plaintiff that failure to comply with its Order may result in dismissal of this action. [Id.]. The time for compliance passed, and Plaintiff failed to pay the initial partial filing fee.
As a result, on December 10, 2020, the Court ordered Plaintiff to show cause why this action should not be dismissed for failure to comply with the Court's Order. [Doc. 5]. The Court specifically informed Plaintiff that his action would be dismissed if he failed to respond. [Id.]. Plaintiff was given 14 days to respond, and he failed to do so. Because Plaintiff has failed to respond to the Court's Orders or otherwise prosecute his case, the Court DISMISSES his Complaint [Doc. 1] without prejudice. See 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) and 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.").
SO ORDERED, this 7th day of January, 2021.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT