JONES v. CORE CIVIC

Filing 5

ORDER DISMISSING without prejudice Plaintiff's complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 12/11/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DEWAYNE S. JONES,

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Plaintiff,
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VS.
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CORE CIVIC,
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Defendant.
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NO. 5:17-CV-309-MTT-TQL

ORDER
Pro se Plaintiff Dewayne S. Jones, a prisoner most recently incarcerated in the
Wheeler Correctional Facility in Alamo, Georgia, filed a document that was construed as
a Complaint seeking relief pursuant to 42 U.S.C. § 1983 based on conduct that occurred
in the jail in June of 2017 (ECF No. 1). On August 14, 2017, the Court issued a notice of
deficiency advising Plaintiff that he would be required to either pay the filing fee or
submit a properly completed motion for leave to proceed in forma pauperis. Plaintiff
was given twenty-one (21) days to comply with the notice and advised that failure to
comply could result in dismissal by the Court.
The time for compliance passed without a response from Plaintiff. The United
States Magistrate Judge therefore ordered Plaintiff to respond and show cause why his
case should not be dismissed for failure to comply with the Court’s orders and
instructions. Plaintiff was also ordered to recast his Complaint on the Court’s standard
form. Plaintiff was given twenty-one (21) days to respond and was again warned that

failure to comply with an order of this Court is grounds for dismissal. Order, 1-2, Oct. 5,
2017, ECF No. 4.
The time for compliance has again expired with no response from Plaintiff.
Because Plaintiff has failed to pay the required filing fee, failed to comply with the
Court's instructions and orders, and otherwise failed to diligently prosecute his claims,
Plaintiff’s 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 11th day of December, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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