WILLIAMS v. CALDWELL

Filing 7

ORDER of Dismissal. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 10/12/2017. (lap)

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

:
:
Plaintiff,
:
:
VS.
:
:
Warden ANTOINE G. CALDWELL, :
:
Defendant.
:
_________________________________:

NO. 5:17-cv-00274-CAR-TQL

ORDER OF DISMISSAL
Plaintiff Octavious Williams, an inmate in Ware State Prison in Waycross, Georgia,
filed a pro se complaint in this Court pursuant to 42 U.S.C. § 1983. Compl., ECF No. 1.
He also filed a motion for leave to proceed without prepayment of the filing fees. Mot. for
Leave to Proceed In Forma Pauperis, ECF No. 2. Plaintiff did not, however, sign either
of these filings. Therefore, on July 17, 2017, Plaintiff was notified of the requirement that
all pleadings, motions, and other papers be signed. At that time, Plaintiff’s documents
were returned to him, and Plaintiff was given twenty-one days to sign and return the
documents to this Court. Plaintiff was informed that his failure to comply may result in
the dismissal of his Complaint.
Plaintiff failed to comply with the notice, and thus, on September 5, 2017, Plaintiff
was ordered to show cause why his Complaint should not be dismissed for failure to sign
and resubmit his documents. Order to Show Cause, ECF No. 6. Plaintiff was given
fourteen days to respond and was again warned that his failure to respond would result in
the dismissal of his action. Id. To date, Plaintiff has failed to respond to the Order to

Show Cause.
Because Plaintiff has failed to respond to this Court’s order or otherwise prosecute
his case, his Complaint is 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 12th day of October, 2017.

S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT

2