Henderson v. Ramsey et al
ORDER DISMISSING WITHOUT PREJUDICE 1 Complaint filed by James Clark Henderson. Ordered by Judge Marc Thomas Treadwell on 07/27/2011. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
JAMES CLARK HENDERSON,
: CIVIL ACTION 5:11-CV-165-MTT-CHW
SANDRA RAMSEY &
PUTNAM COUNTY JAIL,
ORDER DISMISSING CASE
Plaintiff JAMES CLARK HENDERSON, a prisoner at Morgan County Jail in
Madison, Georgia, has filed a pro se civil rights complaint under 42 U.S.C. § 1983.1 He
also sought leave to proceed without prepayment of the filing fee or security therefor
pursuant to 28 U.S.C. § 1915(a).
In an Order dated May 10, 2011, the Court granted Plaintiff’s application to
proceed in forma pauperis. In the same Order, the Court ordered Plaintiff to pre-pay an
initial partial filing fee of $40.25. Plaintiff was given fourteen (14) days from the date of
receipt of the May 10, 2011, Order to pay the $40.25. Plaintiff failed to pre-pay the
partial fee within the time allotted. The Court then ordered Plaintiff to show cause,
within fourteen days, why his case should not be dismissed for failure to pay the fee.
Plaintiff was further ordered to show what steps he took to comply with the Court’s
Order and was notified that failure to respond would result in dismissal of his lawsuit.
After filing this Complaint, Plaintiff filed a related suit in the Athens division of this
Court. That case, 3:11-CV-91-CAR, was consolidated with the present case on July 15,
A week later, Plaintiff responded to the Court’s Order, but he still failed to pay the
$ 40.25 partial filing fee. He likewise failed to provide any explanation as to why he had
not yet paid his initial partial filing fee or show what steps had been taken to comply with
the Court’s Order. Nonetheless, the Court allowed Plaintiff one final opportunity to pay
his initial partial filing fee, and he was given seven days from the date of the July 8,
2011, Order to do so. Plaintiff was again warned that failure to pay the fee within the
time frame would result in the dismissal of this lawsuit.
As of this date, the Court still has not received any payment from Plaintiff. Nor
has Plaintiff provided any explanation as to why he has not yet paid his initial partial
filing fee. Because of Plaintiff’s repeated failure to comply with the Court's instructions,
Plaintiff's case is hereby DISMISSED without prejudice.
SO ORDERED, this_____day of July, 2011.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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