TOOLEY v. Prine et al
Filing
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ORDER dismissing complaint for want of prosecution. Ordered by Judge Hugh Lawson on 2/15/2013. (nbp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
EDDIE A TOOLEY,
Plaintiff
v.
Sheriff CHRIS PRINE, et. al.
Defendants.
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CIVIL NO. 7:12‐cv‐0157‐HL‐TQL
ORDER
Plaintiff EDDIE A. TOOLEY, a former detainee at the Lowndes County Jail, filed
this pro se civil rights action pursuant to 42 U.S.C. § 1983. In an Order dated November
29, 2012 (ECF No. 5), the United States Magistrate Judge granted Plaintiff’s application to
proceed in forma pauperis. At the same time, however, Plaintiff was also ordered to pay
an initial partial filing fee of $ 9.00. See 28 U.S.C. § 1915(b)(1). Plaintiff was given
twenty‐one days from the date of that Order to pay the fee. When Plaintiff failed to
respond, the Magistrate Judge entered a second order, dated January 14, 2013 (ECF No.
6) requiring Plaintiff to respond and show cause why his lawsuit should not be
dismissed for failure to comply.
The Show Cause Order has now been returned to the Court as undeliverable and
is marked “OUT OF JAIL.” (See ECF No. 7). Thus, Plaintiff is apparently no longer
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confined at the Lowndes County Jail. In light of this and because of Plaintiff’s failure to
respond to the Magistrate Judge’s first order, the Court concludes that Plaintiff is no
longer interested in prosecuting this case. For this reason, the Complaint shall be
DISMISSED.
SO ORDERED, this 15th day of February, 2013.
s/ Hugh Lawson
HUGH LAWSON, JUDGE
UNITED STATES DISTRICT COURT
jlr
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