KITCHEN v. UNKNOWN

Filing 8

ORDER OF DISMISSAL. Due to Plaintiff's failure to follow the Court's orders and failure to prosecute this action, the case is hereby DISMISSED WITHOUT PREJUDICE. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 1/3/2025. (kat)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DEONTE KITCHENS,
Plaintiff,
v.
UNKNOWN,
Defendant.

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Case No. 5:24-cv-00351-MTT-AGH

ORDER
Pro se Plaintiff Deonte Kitchens, a prisoner at Ware State Prison in Waycross,
Georgia, filed a letter that was docketed as a petition for mandamus relief. ECF No. 1.
Plaintiff did not pay the $405.00 filing fee nor did he request leave to proceed without
prepayment of the filing fee.
On November 5, 2024, Plaintiff was ordered to pay the filing fee or if indigent,
submit a motion to proceed in forma pauperis. ECF No. 6. Plaintiff was further ordered
to recast his complaint and provided instructions on how to do so. Id. Plaintiff was given
fourteen (14) days to comply with the Court’s order and was informed that failure to do so
could result in dismissal of this action. Id. Plaintiff failed to respond.
Therefore, on December 2, 2024, the Court notified Plaintiff that he failed to
respond to an order of the Court. ECF No. 7. Plaintiff was ordered to show cause why
this action should not be dismissed for failure to comply with the Court’s order. Id. The
Court informed Plaintiff that this action would be dismissed if he failed to respond. Id.
Plaintiff was given fourteen (14) days to respond and he has failed to do so.

Due to Plaintiff’s failure to follow the Court’s orders and failure to prosecute this
action, the case is hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b);
Brown v. Tallahassee Police Dep’t, 205 F. App’x 802, 802 (11th Cir. 2006) (citing Fed. R.
Civ. P. 41(b) and Lopez v. Aransas Cty. 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 3rd day of January, 2025.
S/ Marc T. Treadwell
_____________________________________
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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