LIGHTFOOT v RIDLEY, et al

Filing 11

ORDER Granting leave to proceed IFP and Dismissing this action without prejudice. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 12/22/16. (lap)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

ANDRE D. LIGHTFOOT,
Plaintiff,
VS.
LIEUTENANT RIDLEY, et al.,
Defendants.
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NO. 5:16-CV-0338-CAR-MSH

ORDER
This case is currently before the Court due to Plaintiff’s repeated failure to comply
with the Court’s order that he (1) either pay the required fee or submit a motion to proceed
in forma pauperis1 and also (2) recast his complaint as instructed on a standard form. See
Order, ECF No. 8. Plaintiff was originally given twenty-one days to comply with this
order and warned that a failure to comply could result in the dismissal of his complaint. Id.
The time allowed for compliance nonetheless expired without any response from Plaintiff;
and the United States Magistrate Judge has since ordered Plaintiff to show cause why his
lawsuit should not be dismissed for his failure to comply. See Order, ECF No. 9.
The time for filing a response to the Show Cause Order has now passed. Plaintiff
has not yet complied with the original order or otherwise responded with good cause for his
failure to comply. Plaintiff only filed a motion for transfer. See ECF No. 10. This motion
is not a response to the Court’s orders.
1 Leave to proceed in forma pauperis is GRANTED solely for the purpose of dismissal.

For these reasons, and because it does not appear that the relevant two-year statute
of limitations will bar Plaintiff’s from refiling claims, 2 his complaint is hereby
DISMISSED WITHOUT PREJUDICE for Plaintiff’s failure to comply and diligently
prosecute his case. See Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t, 205 F.
App’x 802, 802 (11th Cir. 2006) (“The court may dismiss an action sua sponte under Rule
41(b) for failure to prosecute or failure to obey a court order.”).
SO ORDERED this 22nd day of December, 2016.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT

2 According to his complaint, Plaintiff’s claims arise out of events that occurred on or after June
10, 2016. In the State of Georgia, § 1983 claims have a two year statute of limitations. See Owens
v. Okure, 488 U.S. 235, 236 (1989), (citing Wilson v. Garcia, 471 U.S. 261 (1985)); O.C.G.A. §
9-3-33 (1982).
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