Ewing v. Frost

Filing 28

ORDER DISMISSING CASE: Ordered that this case is dismissed without prejudice. Signed by Chief District Judge Louis Guirola, Jr on 6/22/17. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
RICKY RONNELL EWING
v.

PLAINTIFF
CAUSE NO. 1:16CV121-LG-RHW

DARLENA FROST

DEFENDANT
ORDER OF DISMISSAL

THIS MATTER IS BEFORE THE COURT sua sponte for consideration of
dismissal. When the plaintiff Ricky Ronnell Ewing filed this case in April 2016, he
filed a Motion for Leave to Proceed In Forma Pauperis (IFP). United States
Magistrate Judge Robert H. Walker initially granted Ewing permission to proceed
IFP. However, Ewing accumulated his third strike when his lawsuit Ewing v.
Richie, No. 1:16cv90-HSO-JCG, was dismissed for failure to state a claim on
February 23, 2017. Since Ewing was no longer entitled to proceed in federal court
without paying costs and fees, Judge Walker issued Proposed Findings of Fact and
Recommendation [24] recommending that Ewing’s IFP status be revoked.
This Court adopted Judge Walker’s Proposed Findings of Fact and
Conclusions of law in an Order [27] entered on April 5, 2017, and ordered Ewing to
pay the entire filing fee and administrative fee within thirty days. The Court
warned Ewing that failure to timely pay the required fees would result in an order
of dismissal for failure to prosecute pursuant to Fed. R. Civ. P. 41(b) without
further notice. As of this date, Ewing has not paid the filing fee or administrative
fee.

Fed. R. Civ. P. 41(b) provides that “[i]f the plaintiff fails to prosecute or to
comply with these rules or a court order, a defendant may move to dismiss the
action or any claim against it.” The Court may also sua sponte dismiss the action
for failure to prosecute or for failure to comply with a court order. Larson v. Scott,
157 F.3d 1030, 1031 (5th Cir. 1998). Since Ewing has failed to comply with this
Court’s Order, his complaint will be dismissed.
IT IS, THEREFORE, ORDERED AND ADJUDGED that Ricky Ronnell
Ewing’s complaint is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R.
Civ. P. 41(b).
SO ORDERED AND ADJUDGED this the 22nd day of June, 2017.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

-2-