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EVAN CARMICHAEL, Plaintiff, v. CHRISTOPHER GORDY, et al., Defendants.

LILES C. BURKE UNITED STATES DISTRICT JUDGE

ORDER

LILES C. BURKE UNITED STATES DISTRICT JUDGE

Evan Carmichael, a prisoner at the Bibb County Correctional Facility, brings this suit under 42 U.S.C. § 1983. (Doc. 1 at 1, 3-4). In October 2022, United States Magistrate Judge Herman N. Johnson Jr. ordered Carmichael to pay the Court's standard filing fee ($402) or move for leave to proceed in forma pauperis by November 3, 2022. (Doc. 3 at 1). Judge Johnson warned Carmichael that failure to comply could result in the Court dismissing this case for lack of prosecution under Federal Rule of Civil Procedure 41(b). Id. To date, Carmichael has neither paid the Court's filing fee, moved to proceed in forma pauperis, nor otherwise complied with Judge Johnson's order.

Judge Johnson now recommends that the Court dismiss this case under Rule 41(b). (Doc. 4 at 2). A federal district court must dismiss a case without prejudice if the plaintiff does not pay the court's filing fee or move to proceed in forma pauperis. White v. Lemma, 947 F.3d 1373, 1377 (11th Cir. 2020). Additionally, under Rule 41(b), a district court may dismiss a case if the plaintiff fails to prosecute his claims or comply with a court order. Equity Lifestyle Properties, Inc. v. Fla. Mowing & Landscape Serv., Inc., 556 F.3d 1232, 1240 (11th Cir. 2009). Here, Carmichael has neither paid the Court's filing fee, moved to proceed in forma pauperis, nor otherwise complied with Judge Johnson's order. Thus, the Court finds that this case should be dismissed without prejudice.

Carmichael has filed no objection to the recommendation. His time for filing objections expired on December 5, 2022. (Doc. 4 at 2).

* * *

For these reasons, the Court ADOPTS Judge Johnson's recommendation (Doc. 4) and DISMISSES this case without prejudice under Rule 41(b). The Clerk of Court shall close this case.

DONE and ORDERED

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Carmichael v. Gordy
(Jan 3, 2023)