DURDEN v. SMITH ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION JERAME GUNTER DURDEN, : Plaintiff, : NO. 7:23-CV-10-WLS-TQL VS. : Captain MIKE SMITH, Defendant. ORDER On March 6, 2023, the Court ordered Plaintiff Jerame Gunter Durden, a pretrial detainee in the Brooks County Jail in Quitman, Georgia, to pay an initial partial filing fee in the amount of $16.05 and file a recast complaint if he wished to proceed with his 42 U.S.C. § 1983 action. ECF No. 4. Plaintiff did not respond to the Order. On April 3, 2023, the Court ordered Plaintiff to show cause why his case should not be dismissed for failure to respond to the March 6, 2023 Order. ECF No. 5. Plaintiff was given fourteen days to respond to the Order to Show Cause and he has not responded. Due to Plaintiff's failure to follow the Court’s Orders and prosecute this action, the case is hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep't, 205 F. App’x 802, 802 (11th Cir. 2006) (citing Fed. R. Civ. P. 41(b) and Lopez v. Aransas Ctny. Indep. Sch, Dist., 570 F.2d 541, 544 (Sth 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 20Ke of April, 2023. W. LOUIS SANDS, JUDGE UNITED STATES DISTRICT COURT