LEGGETT v. GEORGIA

Filing 8

ORDER DISMISSING plaintiff's case without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/24/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
:
DARRELL LEGGETT,
:
:
Petitioner,
:
:
v.
:
:
STATE OF GEORGIA,
:
:
Respondent.
:
_________________________________:

No. 5:17-cv-00105-MTT-MSH

ORDER OF DISMISSAL
Petitioner Darrell Leggett, a prisoner at the Wheeler Correctional Facility in Alamo,
Georgia, filed a petition for a writ of mandamus

Mot. for Writ of Mandamus., ECF

No. 1. Petitioner did not, however, either pay the $350.00 filing fee or petition the Court
to allow him to proceed in forma pauperis in this action. Accordingly, on August 21,
2017, the Court ordered Petitioner to either pay the filing fee or submit an affidavit and
motion to proceed in forma pauperis. Order, Aug. 21, 2017, ECF No. 6. Petitioner was
given twenty-one days to comply and was warned that his failure to do so would result in
the dismissal of his Petition. Id.
Thereafter, Petitioner failed to either pay the filing fee or submit a motion to
proceed in forma pauperis as previously ordered. Thus, on September 21, 2017, Plaintiff
was ordered to show cause why this case should not be dismissed for failure to comply with
this Court’s Order directing Petitioner to either pay the filing fee or move for leave to
proceed in forma pauperis. Order to Show Cause, Sept. 21, 2017, ECF No. 7. Plaintiff

was given twenty-one days to respond to the Order to Show Cause. Id. To date, Plaintiff
has failed to respond to the Order to Show Cause.
Thus, because Plaintiff has failed to respond to the Court’s orders or otherwise
prosecute his case, it is hereby ORDERED that Plaintiff’s Complaint be DISMISSED
WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b); 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 Fed. R. Civ. P. 41(b) and Lopez v. Aransas Cty. Indep. Sch. Dist., 570 F.2d
541, 544 (5th Cir. 1978)).
SO ORDERED, this 24th day of October, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

2