Terrell v. Fulton County Commissioners' Office et al, No. 1:2009cv00243 - Document 4 (N.D. Ga. 2009)

Court Description: ORDER AND OPINION that the Plaintiff's complaint is DISMISSED. Signed by Judge Thomas W. Thrash, Jr on 7/17/09. (dr)
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FILED IN CHAMBERS THOMAS W. THRASH JI U. S. D. C. Atlanta JAMES N. HATTER Clerk UNITED STATES DISTRICT COURT By. 1 FOR THE NORTHERN DISTRICT OF GEORGIA ,~~ ~ePu~r irk ATLANTA DIVISION WILLIE JAMES TERRELL, JR ., GDC No . 610258 Plaintiff, PRISONER CIVIL RIGHTS 42 U .S .C . § 1983 CIVIL ACTION NO . 1 :09-CV-243-TWT v. FULTON COUNTY COMMISSIONERS' OFFICE, et al ., Defendants. ORDER AND OPINION Plaintiff submitted a civil rights complaint [ 1 1 and sought leave to proceed in forrna pauperis [2] . By Order dated February 26, 2009, Plaintiff was granted leave to proceed in forma pauperis, provided he pay an $8 .00 initial partial filing fee within thirty (30) days [2] . Although more than four (4) months have now passed, Plaintiff has not paid the initial partial filing fee .' ' Two other lawsuits filed by Plaintiff in this Court were recently dismissed under 28 U .S .C . § 1915A for failure to state a claim upon which relief might be granted. See Terrell v . Grady Mem . Hosp ., No. 1 :OS-CV-3931 (N.D . Ga. dismissed May 27, 2009) and Terrell v . Fulton County, No. 1 :09-CV-513 (N .D . Ga. dismissed May 22, 2009) . Plaintiff appealed those dismissals and requested leave to proceed in forma pauperis on appeal . Plaintiff submitted an affidavit, dated June 17, 2009, indicating that he had an average monthly balance over the preceding six months of $54 .44 and received average monthly deposits of $60 .00 . Plaintiff clearly had the means to pay the initial partial filing fee of $8 .00 in this case. AO 72A ( Rev.$ 1 ea ) This Court's local rules permit dismissal when "a plaintiff [shall] fail or refuse to obey a lawful order of the court in the case ." LR 41 .3A(2), NDGa. Accordingly, Plaintiff 5 complaint in this case is DISMISSED . IT IS SO ORDERED, this 17 day of 12009 . -d~ ~& ~ THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE 2 AO 72A (Re v .8/B2 )