WILLIAMS v. WHITTINGTON

Opinion

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

GRADY RENARD WILLIAMS, JR., : aka ABDUL MALIK BEY, : : Plaintiff, : : Case No. 5:23-cv-00007-MTT-CHW v. : : : LAWRENCE WHITTINGTON, : : Defendant. : : _________________________________

ORDER

Pro se Plaintiff Grady Renard Williams, Jr., also known as Abdul Malik Bey, a prisoner at Wilcox State Prison in Abbeville, Georgia, filed a document that was docketed as a 42 U.S.C. § 1983 complaint. ECF No. 1. Plaintiff did not pay the $402.00 filing fee nor did he request leave to proceed without prepayment of the filing fee. On March 21, 2023, Plaintiff was ordered to recast his complaint on a standard § 1983 form and provided instructions on how to do so. ECF No. 4. Plaintiff was further ordered to either pay the full filing fee or submit a motion to proceed in forma pauperis on a standard form along with a certified account statement. Id. Plaintiff was given fourteen (14) days to respond and was informed that failure to comply would result in dismissal of his action. Id. Plaintiff failed to comply with the Court’s order. Therefore, on April 18, 2023, the Court notified Plaintiff that he failed to properly respond to an order of the Court. ECF No. 5. Plaintiff was ordered to show cause why his action should not be dismissed for failure to comply with the Court’s order. Id. The Court unambiguously informed Plaintiff that his action would be dismissed if he failed to

respond. Id. Plaintiff was given fourteen (14) days to respond and he has failed to do so. Due to Plaintiff’s failure to follow the Court’s Orders and failure to 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 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 9th day of May, 2023.

S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT