ROSS v. STATE OF GEORGIA

Filing 5

ORDER re 1 Petition for Writ of Habeas Corpus filed by JAVI N. ROSS. Because Petitioner has failed to comply with previous orders and to prosecute his case, the Court now DISMISSES this petition WITHOUT PREJUDICE. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/11/2019. (kat)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JAVI N. ROSS,
Petitioner,
v.
STATE OF GEORGIA,
Respondent.

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: Case No. 5:19-cv-00307-MTT-MSH
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ORDER

Petitioner Javi N. Ross filed a document the Court construes as a pro se petition for
writ of habeas corpus challenging his conviction in the Superior Court of Houston County,
Georgia without prepayment of the Court’s filing fee. Pet. for Writ of Habeas Corpus, ECF
No. 1. Petitioner did not submit his petition using the Court’s standard habeas corpus form
and did not submit an application to proceed without prepayment of the fee. Accordingly,
the Court ordered Petitioner to recast his petition on the Court’s standard form and to either
pay the Court’s filing fee or submit an application to proceed in forma pauperis. Order,
ECF No. 3. Petitioner was afforded twenty-one days in which to comply with that order
and was warned that failure to fully and timely comply may result in dismissal of this
petition. Id., ECF No. 3 at 2. The deadline passed with no response from Petitioner.
As a result, the Magistrate Judge directed Petitioner to show cause why this action
should not be dismissed due to Petitioner’s failure to follow the Court’s directives. Order

to Show Cause, ECF No. 4. The Magistrate Judge again afforded Petitioner twenty-one
days to respond and cautioned Petitioner that failure to comply with the Court’s directives
would result in dismissal of his complaint. Id. at 2.
As of the date of this order, the deadline for Petitioner to show cause has passed
without response from Petitioner. Because Petitioner has failed to comply with previous
orders and to prosecute his case, the Court now DISMISSES this petition 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 11th day of October, 2019.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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