Spears v. Rivera

Filing 9

ORDER DISMISSING CASE without prejudice. Signed by Honorable R Bryan Harwell on 6/30/2011. (jpet, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Dwight Lamar Spears, # 12210-171,
aka Dwight Spears,
Petitioner,
vs.
Mildred Rivera, Warden
Respondent.
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) C/A No. 0:11-1206-RBH
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Order
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Petitioner is a federal prisoner in Estill, South Carolina who, proceeding pro se, filed a
petition for habeas relief pursuant to 28 U.S.C. § 2241. By order dated June 2, 2011, Petitioner was
given an opportunity to provide the necessary information and paperwork to bring the case into
proper form for evaluation and possible service of process. Specifically, Petitioner was instructed
to either pay the filing fee or submit an application to proceed in forma pauperis. Petitioner was
warned that failure to provide the necessary information within the timetable set in the order would
subject the case to dismissal. Petitioner did not respond to the order and the time for response has
lapsed. Petitioner has failed to prosecute this case and has failed to comply with an order of this
Court. The case is dismissed without prejudice pursuant to Rule 41 of the Federal Rules of Civil
Procedure. See Link v. Wabash R.R. Co., 370 U.S. 626 (1962).
IT IS SO ORDERED.
June 30, 2011
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge