DYALL v. WALTON COUNTY OFFICER GUARD WEST

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
NAJI DYALL, :
:
Plaintiff, :
:
V. : NO 3:25-cv-00164-TES-AGH
:
WALTON COUNTY OFFICER :
GUARD WEST, :
:
:
Defendant. :
:
ORDER OF DISMISSAL
Plaintiff Naji Dyall, a detainee in the Walton County Jail in Monroe, Georgia, filed
a complaint under 42 U.S.C. § 1983, ECF No. 1, and a motion to proceed in forma pauperis.
ECF No. 2. Thereafter, the United States Magistrate Judge ordered Plaintiff to submit a
proper motion to proceed in forma pauperis, including a certified copy of his trust fund
account statement. ECF No. 4. The Magistrate Judge gave Plaintiff fourteen days to file
his new motion and cautioned him that his failure to do so may result in the dismissal of
this case. Id.
The time for compliance passed, and Plaintiff failed to file a new motion to proceed
in forma pauperis or otherwise respond to the Court’s order. Accordingly, the Magistrate
Judge ordered Plaintiff to show cause why this case should not be dismissed based on his
failure to file a new motion to proceed in forma pauperis. ECF No. 5. The Magistrate Judge
gave Plaintiff another fourteen days to respond and cautioned him that his failure to do so
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would likely result in the Court dismissing this case. Id.
More than fourteen days have passed since the Magistrate Judge entered the show
cause order, and Plaintiff has not responded to that order or otherwise communicated with
the Court. Because Plaintiff has failed to comply with the Court’s orders or to otherwise
prosecute this case, the Court now DISMISSES the complaint WITHOUT PREJUDICE.
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 26th day of January, 2026.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT
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