CARLAN v. BIBB COUNTY SHERIFF'S OFFICE

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

JAMES THOMAS CARLAN, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:24-cv-453 (MTT) ) BIBB COUNTY SHERIFF'S OFFICE et al., ) ) Defendants. ) __________________ ) ORDER Pro se plaintiff James Thomas Carlan filed this action “against Bibb County Sheriff's Office, its officers, and related entities for [allegedly] violating [his] Constitutional and God Given Rights under the First, Fourth, Fifth, [sic] Eighth, and Ninth Amendments to the U.S. Constitution.” Doc. 1 at 1. Carlan has not paid the $405.00 filing fee or moved to proceed in forma pauperis (IFP). Accordingly, Carlan is hereby ORDERED to pay the $405.00 filing fee or to move to proceed IFP within fourteen days of the entry of this Order. The Clerk is DIRECTED to provide Carlan with a blank copy of the standard IFP application. If Carlan fails to comply with the Court’s Order his complaint will be dismissed without prejudice. See Fed. R. Civ. P. 41; see also Brown v. Tallahassee Police Dep't, 205 F. App'x 802, 802 (11th Cir. 2006) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”) (citing Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978))1.

1 The Eleventh Circuit has adopted as binding precedent the decisions of the former Fifth Circuit rendered prior to October 1, 1981. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc). SO ORDERED, this 12th day of December, 2024. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT