WHITE v. THROWER et al

Filing 16

ORDER dismissing Recast Complaint [Doc. 11] without prejudice. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 9/30/2021. (chc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JULIUS WHITE,
Plaintiff,
CIVIL ACTION NO.
5:21-cv-00009-TES-CHW

v.
Judge THROWER, et al.,
Defendants.

ORDER OF DISMISSAL

Pending before the Court is the Recast Complaint [Doc. 11] filed by Plaintiff
Julius White, a recently-released prisoner, seeking relief under 42 U.S.C. § 1983. On July
28, 2021, Plaintiff was ordered to amend or supplement his Recast Complaint to provide
additional information about his underlying criminal charges. [Doc. 13, pp. 2–3].
Plaintiff was given 21 days to comply, and he was warned that the failure to fully and
timely comply with the Court’s orders and instructions could result in the dismissal of
his Complaint. [Id. at p. 4].
The time for compliance passed without any response from Plaintiff. As such, the
Court ordered Plaintiff to respond and show cause why his lawsuit should not be
dismissed for failing to comply with the Court’s previous orders and instructions. [Doc.
15]. Plaintiff was given 14 days to comply, and he was again warned that the failure to

comply with the Court’s orders and instructions would result in the dismissal of his
Complaint. [Id.].
The time for compliance has again passed without a response from Plaintiff.
Because Plaintiff has failed to comply with the Court’s orders and instructions and has
otherwise failed to diligently prosecute his claims, the Court DISMISSES his Recast
Complaint [Doc. 11] 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) (first citing Fed. R. Civ.
P. 41(b) and then citing Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir.
1978)) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to
prosecute or failure to obey a court order.”).
SO ORDERED, this 30th day of September, 2021.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT

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