JONES v. MUSCOGEE COUNTY PRISON

Filing 17

ORDER dismissing 1 Complaint filed by OSRIC ANTONIO JONES. Ordered by US DISTRICT JUDGE CLAY D. LAND on 10/25/2021 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
OSRIC ANTONIO JONES,

:
:
Plaintiff,
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VS.
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MUSCOGEE COUNTY PRISON
:
Floor Officers,
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Defendants.
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________________________________ :

NO. 4:21-cv-00063-CDL-MSH

ORDER
Presently pending before the Court is a recast complaint for relief under 42 U.S.C.
§ 1983 filed by pro se Plaintiff Osric Antonio Jones, a recently-released former prisoner
(ECF No. 11). On August 17, 2021, Plaintiff was instructed to either pay the Court’s filing
fee in full or file a non-prisoner motion for leave to proceed in forma pauperis if he wished
to proceed with this action. Plaintiff was given twenty-one (21) days to comply, and he
was warned that the failure to fully and timely comply with the Court’s orders and
instructions would result in the dismissal of this case. See generally Order, Aug. 17, 2021,
ECF No. 15.
The time for compliance passed without a response from Plaintiff. As such, the
Court ordered Plaintiff to respond and show cause why his lawsuit should not be dismissed
for failing to comply with the Court’s previous orders and instructions. Plaintiff was given
twenty-one (21) days to comply, and he was again warned that the failure to comply with

the Court’s orders and instructions would result in the dismissal of his Complaint. See
generally Order, Sept. 24, 2021, ECF No. 16.
The time for compliance has again passed without a response from Plaintiff.
Because Plaintiff has failed to comply with the Court’s orders and instructions and
otherwise failed to diligently prosecute his claims, this action is 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 25th day of October, 2021.

S/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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