Burge
v.
Mr. Johnson, 3rd Shift C.O.

United States District Court, S.D. Georgia, Statesboro DivisionMay 14, 2008
Case No. CV608-021. (S.D. Ga. May. 14, 2008)

Case No. CV608-021.

May 14, 2008


REPORT AND RECOMMENDATION


On March 24, 2008, plaintiff filed a complaint pursuant to 42 U.S.C. § 1983. (Doc. 1.) Because plaintiff failed to submit the filing fee or a motion to proceed in forma pauperis, the Clerk sent him a deficiency notice informing him that failure to pay the filing fee or submit a motion to proceed in forma pauperis within twenty days of that notice might result in dismissal of his case. (Doc. 5.)

Because plaintiff failed to submit the filing fee or a motion to proceed in forma pauperis, his case should be DISMISSED without prejudice for his failure to prosecute this action. Local Rule 41.1(b) (permitting dismissal for willful disobedience or neglect of any order of the Court); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (courts have inherent authority to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Coop, 864 F.2d 101, 102 (11th Cir. 1989); Goforth v. Owens, 766 F.2d 1533 (11th Cir. 1985).

SO REPORTED AND RECOMMENDED.