Braddy v. United States Penitentiary Atlanta

Filing 3

ORDER AND OPINION that this case is dismissed without prejudice for Plaintiff's failure to obey a lawful order of this Court. Signed by Judge Thomas W. Thrash, Jr on 6/1/10. (dr)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION THOMAS M . BRADDY, Jr ., Inmate No . 58886-019, Plaintiff,
V.

Fl~ ED IN C HAM BE 6 THOMAS W. TH RA6 JR . U . S. D. C . A#ie i um .0LZ018

MANDAMUS 28 U.S.C . § 1361 CIVIL ACTION NO . 1 :10-CV-779-TWT

JAMES . HATTEN , By . 4~4 0

Cler!

UNITED STATES PENITENTIARY WARDEN AND STAFF, Defendants .

ORD ER AN D OPIN ION On March 12, 2010, Plaintiff submitted a document to the Court styled "Motion for Injunction Order" that the Clerk docketed as a fro se mandamus action pursuant to 28 U .S .C . § 1361 . [Doc . 1]. On April 7, 2010, this Court
instructed Plaintiff to submit the full filing fee of $350 .00 or execute and return

a financial affidavit seeking leave to proceed in forma pauperis that included : (1) an authorization allowing his custodian to withdraw funds from his inmate account ; (2) a completed certificate signed by an authorized institutional officer regarding the current balance in his inmate account ; and (3) a certified copy of his inmate trust account balance for the six-month period preceding the filing of the instant action certified by an authorized institutional officer . Plaintiff was

AO 72A (R ev .8/ 8 2)

instructed to comply with the Court's directives within thirty (30) days or face dismissal of his action .
As of May 27, 2010, Plaintiff has not submitted either the $350 .00 filing fee

or a request to proceed in forma pau p eris that complies with this Court's
instructions .

IT IS THEREFORE ORDERED that, pursuant to LR 41 .3 (A)(2), NDGa, this action is here by DISMISSED WITHOUT PREJUDICE for Plaintiffs failure to obey a lawful order of this Court . IT IS SO ORD ERE D this j day of ~ , 2010 .

THOMAS W. THRASH, JR . UNITED STATES DISTRICT JUDGE

2

AO 72A ( Rev. 8 / 62)