WASHINGTON v. MILLER et al
ORDER OF DISMISSAL. Because Plaintiff has failed to respond to the Court's order or otherwise prosecute his case, it is hereby ORDERED that Plaintif's Complaint be DISMISSED WITHOUT PREJUDICE. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/2/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
LEWIS K. WASHINGTON,
Lieutenant MILLER; et al.,
ORDER OF DISMISSAL
Plaintiff Lewis K. Washington, a prisoner at the Johnson State Prison in
Wrightsville, Georgia, filed a 42 U.S.C. § 1983 civil rights complaint. Compl., ECF
No. 1. Plaintiff also sought leave to proceed without prepayment of the filing fee. Mot.
for Leave to Proceed In Forma Pauperis, ECF No. 2. Thereafter, on June 8, 2017, the
Clerk’s office forwarded Plaintiff a Notice of Deficiency informing him that he must
submit a certified copy of his inmate trust account statement. The Notice informed
Plaintiff that failure to comply could result in the dismissal of his Complaint.
Plaintiff failed to comply with the Notice of Deficiency, and thus, on August 31,
2017, Plaintiff was ordered to show cause why his Complaint should not be dismissed for
failure to file a certified copy of his inmate trust account statement, as directed by the
Notice of Deficiency. Order to Show Cause, ECF No. 5. Plaintiff was given fourteen
days to respond to the Order to Show Cause and was again warned that his failure to
comply would result in the dismissal of this action. Id. To date, Plaintiff has failed to
either file his certified inmate trust account statement or respond to the Order to Show
Thus, because Plaintiff has failed to respond to the Court’s order 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 2nd day of October, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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