Filed: Dec. 14, 2009
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT DECEMBER 14, 2009 No. 09-12720 THOMAS K. KAHN Non-Argument Calendar CLERK _ D. C. Docket No. 09-00031-CV-CDL-4 ZACHARY BOUVIER TAYLOR, Plaintiff-Appellant, versus CYNTHIA NELSON, Warden, Central State Prison, OPOKU, DR., MARTY ALLEN, Deputy Warden, Jimmy Autry State Prison, THURBERT BAKER, Attorney General, State of Georgia, CARRER, Mental Health Nurse, Valdosta State, e
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT DECEMBER 14, 2009 No. 09-12720 THOMAS K. KAHN Non-Argument Calendar CLERK _ D. C. Docket No. 09-00031-CV-CDL-4 ZACHARY BOUVIER TAYLOR, Plaintiff-Appellant, versus CYNTHIA NELSON, Warden, Central State Prison, OPOKU, DR., MARTY ALLEN, Deputy Warden, Jimmy Autry State Prison, THURBERT BAKER, Attorney General, State of Georgia, CARRER, Mental Health Nurse, Valdosta State, et..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
DECEMBER 14, 2009
No. 09-12720 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 09-00031-CV-CDL-4
ZACHARY BOUVIER TAYLOR,
Plaintiff-Appellant,
versus
CYNTHIA NELSON,
Warden, Central State Prison,
OPOKU,
DR.,
MARTY ALLEN,
Deputy Warden, Jimmy Autry State Prison,
THURBERT BAKER,
Attorney General, State of Georgia,
CARRER,
Mental Health Nurse, Valdosta State, et al.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
_________________________
(December 14, 2009)
Before TJOFLAT, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Zachary Bouvier Taylor, a state prisoner, appeals pro se the sua sponte
dismissal of his complaint for failing to comply with an order to either file a copy
of his prison trust account statement, 28 U.S.C. § 1915(a)(2), or pay the filing fee.
We affirm.
We review a dismissal for failure to comply with a rule of court for abuse of
discretion. Moon v. Newsome,
863 F.2d 835, 837 (11th Cir. 1989). A district
court may dismiss a complaint sua sponte either under Federal Rule of Civil
Procedure 41(b) or based on the inherent power of the court to manage its docket.
Betty K Agencies, Ltd. v Monada. M/V,
432 F.3d 1333, 1337 (11th Cir. 2005).
“While dismissal is an extraordinary remedy, dismissal upon disregard of an order,
especially where the litigant has been forewarned, generally is not an abuse of
discretion.”
Newsome, 863 F.2d at 837.
Because the record establishes that Taylor failed to comply with an order
that he either submit copies of his prison trust account statement or pay the filing
fee, the district court did not abuse its discretion by dismissing Taylor’s complaint.
AFFIRMED.
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