Naji Dyall v. Walton County Officer Guard West - Dismissal Order

Middle District of Georgia Opinions

Filed January 27th, 2026

Detected March 2nd, 2026

Summary

The U.S. District Court for the Middle District of Georgia dismissed the case Naji Dyall v. Walton County Officer Guard West without prejudice. The dismissal was due to the plaintiff's failure to comply with court orders regarding the filing of a motion to proceed in forma pauperis and to respond to a show cause order.

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What changed

The U.S. District Court for the Middle District of Georgia, in the case of Naji Dyall v. Walton County Officer Guard West (Docket No. 3:25-cv-00164-TES-AGH), has issued an order dismissing the plaintiff's complaint without prejudice. The dismissal stems from the plaintiff's repeated failure to comply with court orders, specifically the requirement to submit a proper motion to proceed in forma pauperis, including a certified trust fund account statement, and subsequently failing to respond to a show cause order. This action is taken under Federal Rule of Civil Procedure 41(b) for failure to prosecute the case.

This dismissal means the plaintiff's case is closed in its current form, and they have not met the procedural requirements to continue their lawsuit. While the dismissal is without prejudice, indicating the plaintiff could potentially refile the case if they rectify the procedural deficiencies, the immediate implication is that the legal proceedings have been terminated due to non-compliance. Legal professionals representing individuals in similar situations should ensure strict adherence to court orders and deadlines to avoid dismissal.

What to do next

Review court orders for compliance deadlines
Ensure all required documentation is submitted promptly
Respond to show cause orders within the specified timeframe

Penalties

Dismissal without prejudice

Source document (simplified)

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Jan. 27, 2026 Get Citation Alerts Download PDF Add Note

Naji Dyall v. Walton County Officer Guard West

District Court, M.D. Georgia

Citations: None known
Docket Number: 3:25-cv-00164
Precedential Status: Unknown Status
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Trial Court Document

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
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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