JOHNSON v. HUMPHREY et al
ORDER DISMISSING WITHOUT PREJUDICE 1 Complaint. Ordered by Judge Marc Thomas Treadwell on 11/1/2012. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
BERNARD TERRANCE JOHNSON,
Warden HUMPHRY; Officer JORDAN; :
and MEDICAL STAFF, Georgia
Diagnostic and Classification Prison, :
PROCEEDINGS UNDER 42 U.S.C. '1983
BEFORE THE U. S. MAGISTRATE JUDGE
Plaintiff BERNARD TERRANCE JOHNSON, a prisoner currently confined at
Johnson State Prison, filed the present pro se civil rights action under 42 U.S.C. § 1983.
In his Complaint, Plaintiff alleges that he was attacked by other inmates and that prison
officials failed to protect him and provide medical treatment. Plaintiff fails, however, to
identify any individual defendant in the body of his Complaint.
Because Plaintiff is proceeding pro se, the United States Magistrate Judge entered
an Order (ECF Doc. No. 8) on June 4, 2012, allowing Plaintiff to supplement his
Complaint with additional allegations. When Plaintiff failed to respond to the Court’s
Order, the Magistrate Judge entered a second order on June 29, 2012 (ECF Doc. No. 10),
directing Plaintiff to show cause why his Complaint should not be dismissed for failure to
provide the supplement.
Plaintiff filed a response to the Show Cause Order on July 19, 2012. The
response, however, did not include the requested supplement. In light of his pro se
status, Plaintiff was then provided another opportunity to supplement his Complaint and
was granted an extension of time to do so. (Order, Aug. 3, 2012 [ECF No. 11]). Still, no
supplement was ever filed. The United Magistrate Judge thus entered a second Show
Cause Order on September 5, 2012. Plaintiff’s response to this Order was due on or
before October 4, 2012. As of this date, Plaintiff has not yet filed a supplement.
Plaintiff’s repeated failure to supplement his Complaint leads the Court to believe
that he is no longer interested in prosecuting this case. For this reason and because of
Plaintiff’s failure to comply with the Court's instructions, failure to prosecute, and apparent
abuse of the judicial process, Plaintiff's Complaint shall be DISMISSED without
SO ORDERED, this 1st day of November, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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