Terrell v. Fulton County Commissioners' Office et al

Filing 4

ORDER AND OPINION that the Plaintiff's complaint is DISMISSED. Signed by Judge Thomas W. Thrash, Jr on 7/17/09. (dr)

FILED IN CHAMBERS THOMAS W. THRASH JI U. S . D. C. Atlanta

JAMES N . HATTER Clerk UNITED STATES DISTRICT COURT By. 1 FOR THE NORTHERN DISTRICT OF GEORGIA ,~~ ~ePu~r irk ATLANTA DIVISION

WILLIE JAMES TERRELL, JR ., GDC No . 610258 Plaintiff, v. FULTON COUNTY COMMISSIONERS' OFFICE, et al ., Defendants .

PRISONER CIVIL RIGHTS 42 U .S .C . § 1983 CIVIL ACTION NO . 1 :09-CV-243-TWT

ORDER AND OPINION
Plaintiff submitted a civil rights complaint [ 1 1 and sought leave to proceed in forrna pauperis [2] . By Order dated February 26, 2009, Plaintiff was granted leave to proceed in forma pauperis, provided he pay an $8 .00 initial partial filing fee within thirty (30) days [2] . Although more than four (4) months have now

passed, Plaintiff has not paid the initial partial filing fee .'

' Two other lawsuits filed by Plaintiff in this Court were recently dismissed under 28 U .S .C . § 1915A for failure to state a claim upon which relief might be granted . See Terrell v . Grady Mem . Hosp ., No . 1 :OS-CV-3931 (N.D . Ga. dismissed May 27, 2009) and Terrell v . Fulton County, No . 1 :09-CV-513 (N .D . Ga . dismissed May 22, 2009) . Plaintiff appealed those dismissals and requested leave to proceed in forma pauperis on appeal . Plaintiff submitted an affidavit, dated June 17, 2009, indicating that he had an average monthly balance over the preceding six months of $54 .44 and received average monthly deposits of $60 .00 . Plaintiff clearly had the means to pay the initial partial filing fee of $8 .00 in this case .

AO 72A ( R e v.$ 1 ea )

This Court's local rules permit dismissal when "a plaintiff [shall] fail or refuse to obey a lawful order of the court in the case ." LR 41 .3A(2), NDGa. Accordingly, Plaintiff 5 complaint in this case is DI SMI SSED . I T I S SO ORD ERE D , this 17 day of 12009 .

THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE

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2

AO 72A (Re v .8/B2 )