Braddy v. United States Penitentiary Atlanta, No. 1:2010cv00779 - Document 3 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION that this case is dismissed without prejudice for Plaintiff's failure to obey a lawful order of this Court. Signed by Judge Thomas W. Thrash, Jr on 6/1/10. (dr)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION THOMAS M . BRADDY, Jr ., Inmate No . 58886-019, Plaintiff, MANDAMUS 28 U.S.C . § 1361 CIVIL ACTION NO . 1 :10-CV-779-TWT V. Fl~ ED IN C HAMBE 6 THOMAS W. THRA6 JR . U. S. D. C. A#ie i um JAMES . HATTEN , By . 4~4 0 UNITED STATES PENITENTIARY WARDEN AND STAFF, Defendants . ORDER AND OPINION On March 12, 2010, Plaintiff submitted a document to the Court styled "Motion for Injunction Order" that the Clerk docketed as a fro se mandamus action pursuant to 28 U .S .C . § 1361 . [Doc . 1]. On April 7, 2010, this Court instructed Plaintiff to submit the full filing fee of $350 .00 or execute and return a financial affidavit seeking leave to proceed in forma pauperis that included : (1) an authorization allowing his custodian to withdraw funds from his inmate account ; (2) a completed certificate signed by an authorized institutional officer regarding the current balance in his inmate account ; and (3) a certified copy of his inmate trust account balance for the six-month period preceding the filing of the instant action certified by an authorized institutional officer . Plaintiff was AO 72A (R ev .8/ 8 2) .0LZ018 Cler! instructed to comply with the Court's directives within thirty (30) days or face dismissal of his action . As of May 27, 2010, Plaintiff has not submitted either the $350 .00 filing fee or a request to proceed in forma pau p eris that complies with this Court's instructions . IT IS THEREFORE ORDERED that, pursuant to LR 41 .3 (A)(2), NDGa, this action is here by DISMISSED WITHOUT PREJUDICE for Plaintiffs failure to obey a lawful order of this Court . IT IS SO ORD ERED this j day of ~, 2010 . THOMAS W. THRASH, JR . UNITED STATES DISTRICT JUDGE 2 AO 72A ( Rev. 8 / 62)