Gornto v. Jump et al

Filing 4

ORDER DISMISSING CASE without prejudice, Plaintiff has entirely failed to respond to the Court's 4/24/15 Order. The Clerk is authorized and directed to close this action. Signed by Chief Judge Lisa G. Wood on 6/30/2015. (ca)

N the Uniteb Stateo lat'sarta Court
for the boutbern JDitrttt Of Ojeorata
&un,ixiick flibiion
RONALD CHANCE GORNTO, JR.,
Plaintiff,

NEIL JUMP, T.J. KIDDER, and MRS.
GRANT,
Defendants.

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CIVIL ACTION NO.: 2:15-cv-22

ORDER

Plaintiff, seeking to proceed in forma pauperis, brought
this action pursuant to 42 U.S.C. § 1983. By Order dated April
24, 2015, the Court advised Plaintiff of the Prison Litigation
Reform Act's procedures and requirements for filing and
litigating prison civil rights suits. Dkt. No. 3. The Court
granted Plaintiff leave to proceed in forma pauperis, and
instructed him to sign and return the Consent to Collection of
Fees from his Trust Account and the Prisoner Trust Fund Account
Statement. Id.
The Court emphasized that Plaintiff must return these forms
within thirty (30) days from the date of the Order in order to
proceed with this action. Id. at p. 3. Moreover, the Court
made clear that if Plaintiff did not timely respond to the
AO 72A
(Rev. 8/82)

Order, "the Court will presume that Plaintiff desires to have
this lawsuit voluntarily dismissed, and the Court will dismiss
Plaintiff's case without prejudice." Id. at p. 4.
Plaintiff has entirely failed to respond to the Court's
April 24, 2015 Order.

Specifically, he has not submitted the

Consent to Collection of Fees from his Trust Account and the
Prisoner Trust Fund Account Statement.
It is a long-established principle that this Court has the
authority to dismiss an action sua sponte for a plaintiff's
failure to prosecute. Fed. R. Civ. P. 41(b); Link v. Wabash
Railroad Company, 370 U.S. 626 (1962). While the Court
exercises this authority with caution, dismissal is appropriate
in this case as the Court cannot proceed due to Plaintiff's
failure to submit documentation of his prison trust fund account
and his failure to consent to the collection of fees from that
account.
For these reasons, this action is DISMISSED without
prejudice, and the Clerk of Court is authorized and directed to
CLOSE this case.
SO ORDERED, this

day

LISA GOfDBEY WOOD, CHIEF JUDGE
UNITED S1ATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

2015.