JAMES v. BLACKWELL

Filing 9

ORDER Dismissing Plaintiff's Complaint Without Prejudice. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 9/15/2017. (lap)

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

SAMSON EUGENE JAMES,

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Plaintiff,
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VS.
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MAXINE BLACKWELL
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Defendant.
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__________________________________

NO. 5:17-cv-00231-CAR-CHW

ORDER
Plaintiff Samson Eugene James, a detainee in Baldwin County Jail, filed a pro se
civil rights action under 42 U.S.C. § 1983 (ECF No. 1) seeking to proceed without the
prepayment of filing fees (ECF No. 2). On August 2, 2017, Magistrate Judge Charles H.
Weigle granted Plaintiff leave to proceed in forma pauperis and ordered Plaintiff to
supplement his complaint with additional information. ECF No. 6. Plaintiff was given
twenty-one (21) days in which to comply and advised that noncompliance could result in
the dismissal of his complaint. Id. at 3. The order to supplement was returned to the
Court as undeliverable (ECF No. 7), and the twenty-one day deadline elapsed without
response from Plaintiff. Consequently, on August 31, 2017, Magistrate Judge Weigle
ordered Plaintiff to show cause why his complaint should not be dismissed for failure to
comply. ECF No. 8.

Plaintiff was again advised that failure to respond would result in

the dismissal of this action. Id. at 2.
As of today’s date, the fourteen (14) day deadline to show cause has passed without
response from Plaintiff, and it has been over two months since Plaintiff last had contact
with the Court.

Plaintiff has not responded to Court orders despite being afforded

multiple opportunities to do so. For these reasons, and because Georgia’s two-year statute
of limitations will not prevent the filing of Plaintiff’s complaint in the near future, the
instant action is hereby 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) (“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 15th day of September, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT

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