SMITH v. FARLEY et al

Filing 8

ORDER DISMISSING without prejudice Plaintiff's Complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/4/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
H T SMITH,

:
:
Plaintiff,
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VS.
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:
UNIT MANAGER KEN FARLEY,
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et al.,
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Defendants.
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________________________________ :

NO. 5:17-CV-00438-MTT-MSH

ORDER
Pro se Plaintiff H.T. Smith, an inmate most recently confined at the Johnson State
Prison in Wrightsville, Georgia, filed a Complaint seeking relief pursuant to 42 U.S.C. §
1983. On May 11, 2018, the United States Magistrate Judge ordered Plaintiff to submit a
complete and proper motion for leave to proceed in forma pauperis and directed Plaintiff
to supplement his Complaint. Plaintiff was also directed to inform the Court in writing of
any change in his mailing address. Plaintiff was given twenty-one (21) days to comply,
and he was warned that failure to comply may result in dismissal by the Court. Order, May
11, 2018, ECF No. 5.
The time for compliance passed without a response from Plaintiff. Accordingly, the
Magistrate Judge ordered Plaintiff to respond and show cause why his lawsuit should not
be dismissed for failure to comply with the Court’s orders and instructions. Plaintiff was
also reminded of his obligation to notify the Court of any change in his mailing address.
Plaintiff was given twenty-one days to respond and warned that failure to respond would

result in the dismissal of his Complaint for failure to comply. Order, July 6, 2018, ECF
No. 6.
The time for compliance has again passed without a response from Plaintiff,
presumably because the Court’s July 6, 2018 Order was returned to the Court as
undeliverable and marked with a notation indicating Plaintiff had been released (ECF No.
7). Because Plaintiff has 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 4th day of September, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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