ROLLINS v. MCCAULEY et al
ORDER dismissing case for failure to prosecute re 1 Complaint filed by CHRISTOPHER T ROLLINS. Ordered by US DISTRICT JUDGE CLAY D LAND on 10/7/2021. (ggs)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CHRISTOPHER T. ROLLINS,
MCCAULEY, et al.,
Plaintiff Christopher T. Rollins, a detainee in the Oglethorpe County Jail in
Lexington, Georgia, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 and
a motion for leave to proceed without prepayment of the filing fee or security therefor
pursuant to 28 U.S.C. § 1915(a). Compl., ECF No. 1; Mot. for Leave to Proceed In Forma
Pauperis, ECF No. 2. Plaintiff’s motion to proceed in forma pauperis was previously
granted, and he was ordered to pay an initial partial filing fee.
Order, ECF No. 4.
Plaintiff was given twenty-one days to pay the initial partial filing fee and was cautioned
that his failure to do so could result in the dismissal of this action. Id.
More than twenty-one days passed following entry of that order, and Plaintiff did
not pay the initial partial filing fee or otherwise respond to the order to do so. Accordingly,
Plaintiff was ordered to show cause to the Court why this case should not be dismissed
based on his failure to pay the initial partial filing fee. Plaintiff was given twenty-one days
to respond and was cautioned that his failure to do so would result in the dismissal of this
More than twenty-one days have now passed since the order to show cause was
entered, and Plaintiff has not responded to that order. Moreover, the order, which was
sent to Plaintiff at the Oglethorpe County Jail, the only address on file for Plaintiff, has
been returned to this Court as undeliverable. Mail Returned, ECF No. 6. Plaintiff’s
failure to keep the Court apprised of his current address constitutes a failure to prosecute
this case, and insofar as the Court has no information as to Plaintiff’s current whereabouts,
this action cannot proceed.
Thus, because Plaintiff has failed to respond to the Court’s orders or otherwise
prosecute this case, his complaint is now DISMISSED 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) (“The court may dismiss an action sua sponte under Rule 41(b) for
failure to prosecute or failure to obey a court order.”) (citing Fed. R. Civ. P. 41(b) and
Lopez v. Aransas Cty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978)).
SO ORDERED, this 7th day of October, 2021.
S/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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