BEY v. BROOKS

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION KENYA WARD GAMBLE, Plaintiff, CIVIL ACTION NO. v. 3:25-cv-00006-TES Deputy BROOKS, et al., Defendants.

ORDER DISMISSING CASE

Plaintiff Kenya Gamble filed this 42 U.S.C. § 1983 action on January 3, 2025. [Doc. 1]. Initially, Plaintiff filed the action in the Macon Division, where Judge Treadwell granted Plaintiff’s Motion to Proceed In Forma Pauperis [Doc. 2], and directed him to amend his Complaint [Doc. 1] so the Court could appropriately screen it pursuant to 28 U.S.C. § 1915(e). [Doc. 3, p. 1].1 Judge Treadwell’s Order gave Plaintiff 21 days to comply, but Plaintiff failed to filed an amended pleading. Judge Treadwell explicitly warned: “Failure to fully and timely comply with this order may result in the dismissal of this action.” [Id.]. Therefore, because the Court warned Plaintiff of the possible consequences and he still chose not to comply, the Court DISMISSES Plaintiff’s Complaint [Doc. 1] without prejudice and DIRECTS the

1 Judge Treadwell also transferred this case to the Athens Division because that is “where the defendants reside.” [Doc. 3, p. 1]. Clerk of Court to CLOSE this 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 Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978)) (“The [C]ourt may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”).

SO ORDERED, this 11th day of February, 2025. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT