KELL v. DOE ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION PATRICK KELL, Plaintiff, CIVIL ACTION NO. v. 5:19-cv-00275-TES JOHN DOE, Defendant. ORDER On July 9, 2019, Plaintiff filed his Complaint [Doc. 1]; however, he did not pay the requisite filing fee of $400.00. On January 7, 2020, the Court ordered Plaintiff to either pay the filing fee or submit a proper motion for leave to proceed without prepayment of the filing fee. [Doc. 5]. The Court warned Plaintiff that his failure to comply with the Court’s Order would result in the dismissal of Plaintiff's action. [Id., p. 1]. The Court gave Plaintiff twenty-one (21) days to comply with the Order. [Id.]. The time for compliance again passed with no response from Plaintiff. Accordingly, because Plaintiff has failed to respond to the show cause order or otherwise prosecute his case, the Court DISMISSES without prejudice the Plaintiff’s case. See Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t, 205 F. App’x 802, 802 (11th Cir. 2006) (per curiam) (first citing Fed. R. Civ. P. 41(b) and then citing Lopez v. Aransas Cty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978)) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”). SO ORDERED, this 10th day of February, 2020. s/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT