McGore v. Bob Barker Company et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Darryl McGore,
Plaintiff, 	Case No. 2:25-cv-12630
District Judge Linda V. Parker
v.
Bob Barker Company, et al.,
Defendants.
_________________________________/
OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE
Plaintiff 	Darryl 	McGore, 	a 	prisoner 	in 	the 	custody 	of 	the 	Michigan
Department of Corrections, filed a civil rights action under 42 U.S.C. § 1983. (ECF
No.1.) 	For the reasons stated below, the complaint is dismissed WITHOUT
PREJUDICE.
On September 2, 2025, Chief Magistrate Judge David R. Grand signed an
order of deficiency in this case because Mr. McGore had neither paid the filing and
administrative fees nor moved to proceed in forma pauperis. 	(ECF No. 5.) 	The
order required him to file the proper documents or pay the filing fee within thirty
days. (Id.) The order cautioned that failure to comply would result in dismissal of
the case for want of prosecution. 	(Id.) 	While Mr. McGore did not correct the
deficiency by October 2, 2025, the Court acknowledges that he attempted to correct
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the deficiency on October 10, 2025, by filing a prisoner trust fund account statement.
(ECF No. 6.)
Federal Rule of Civil Procedure 41(b) gives the district court power to dismiss
a complaint where “the plaintiff fails to prosecute or to comply with [the Federal
Rules] or a court order.” Fed. R. Civ. P. 41(b). This rule provides the Court a tool
to effectively manage its docket. 	Knoll v. Am. Tel. & Tel. Co., 176 F.3d 359, 362-
63 (6th Cir. 1999) (citation omitted). 	Plaintiff did not comply with the deficiency
order despite notice that noncompliance would result in dismissal. 	Therefore, the
Court must dismiss the case WITHOUT PREJUDICE. 	See May v. Pike Lake State
Park, 8 F. App’x 507, 508 (6th Cir. 2001) (affirming dismissal of case for lack of
prosecution where pro se litigant failed to comply with “readily comprehended”
order).
Accordingly, the complaint is 	DISMISSED WITHOUT PREJUDICE.
Plaintiff may file a new civil rights complaint under a new case number provided he
either: (a) file the necessary documentation to proceed in forma pauperis, or (b) pay
the applicable filing and administrative fees.
SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: November 7, 2025
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I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, November 7, 2025, by electronic and/or
U.S. First Class mail.
s/Aaron Flanigan
Case Manager
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