SHELLEY v. BIBB COUNTY LAW ENFORCEMENT CENTER
ORDER DISMISSING without prejudice 1 Complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 4/28/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
BIBB COUNTY LAW
Pro se Plaintiff Carlos Shelley, who was most recently confined at the Bibb
County Law Enforcement Center in Macon, Georgia, filed a pleading that was construed
as a complaint pursuant to 42 U.S.C. § 1983, but failed to pay the filing fee or file a
complete and proper motion for leave to proceed without prepayment of the filing fee.
As such, in an Order dated January 13, 2017, the United States Magistrate Judge ordered
Plaintiff to submit a proper motion for leave to proceed without prepayment of the filing
fee and also ordered Plaintiff to recast his complaint on the Court’s standard form.
Plaintiff was warned that his failure to comply with the Magistrate Judge’s Order could
result in dismissal of Plaintiff’s action. Plaintiff was given twenty-one (21) days to
comply with the Magistrate Judge’s Order. ECF No. 5 at 1-2, 4.
The time for compliance passed without a response from Plaintiff. Thus, on
March 29, 2017, the Magistrate Judge ordered Plaintiff to respond and show cause why
his lawsuit should not be dismissed for failure to comply with the Court’s orders and
instructions. Plaintiff was again given twenty-one (21) days to respond and warned that
failure to respond would result in the dismissal of his Complaint. ECF No. 6 at 1-2.
The time for compliance again passed with no response from Plaintiff.
Accordingly, because of Plaintiff’s failure to comply with the Court’s instructions and
orders, his failure to otherwise diligently prosecute this action, and because it does not
appear his claims would be barred by the applicable statute of limitations, his Complaint
shall be 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 28th day of April, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT JUDGE
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