KIRKLAND v. GEORGIA DEPARTMENT OF CORRECTIONS et al
ORDER DISMISSING without prejudice 1 Complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 4/8/2016. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
GEORGIA DEPARTMENT OF
CORRECTIONS, et al.,
Pro se Plaintiff Scott Kirkland, who is confined at the Baldwin State Prison in
Hardwick, Georgia, filed a complaint under 42 U.S.C. § 1983 but did not pay the filing
fee or file a proper motion to proceed without the prepayment of the filing fee.
Accordingly, the United States Magistrate Judge directed Plaintiff to either pay the filing
fee or submit to the Court a proper and complete motion for leave to proceed in forma
pauperis. Plaintiff was also directed to recast his Complaint on the Court’s standard
form. Plaintiff was warned that his failure to comply with the Magistrate Judge’s Order
would result in dismissal of Plaintiff’s action. Plaintiff was further advised that if he no
longer wished to proceed with this action, he should notify the Court. Plaintiff was given
twenty-one (21) days to comply with the Court’s Order. (Order, Feb. 3, 2016, ECF No.
The time for compliance passed with no response from the Plaintiff. Accordingly,
the Magistrate Judge ordered Plaintiff on March 8, 2016 to respond and show cause why
his lawsuit should not be dismissed for failure to comply with the Court’s orders and
instructions. Plaintiff’s response was due within twenty-one (21) days of the date of the
Order, and Plaintiff was advised that failure to respond would result in dismissal of his
Complaint for failure to comply. (Order, Mar. 8, 2016, ECF No. 6.)
The time for responding to the Show Cause Order has passed, and Plaintiff has
still failed to file any response to either of the Magistrate Judge’s Orders. Accordingly,
because of Plaintiff’s failure to pay the required filing fee, failure to comply with the
Court’s instructions and orders, and failure to otherwise diligently prosecute this action,
his Complaint shall be DISMISSED without prejudice. See Fed. R. Civ. P. 41; see also
Brown v. Tallahassee Police Dep't, 205 F. App'x 802, 802 (11th Cir. 2006) (per curiam)
(“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or
failure to obey a court order.”) (citing Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d
541, 544 (5th Cir.1978)).
SO ORDERED, this 8th day of April, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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