Ashford v. South Carolina Dept of Correction et al

Filing 12

ORDER dismissing 1 Petition for Writ of Mandamus filed by Randolph Ashford without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F Anderson, Jr on 1/2/2014. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Randolph Ashford,

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Petitioner,
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vs.
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South Carolina Dept. of Correction;
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Susan H. Fry; Paul Marriott; Chris Florian; )
All of SCDC; Eugene Keitt,
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Respondents.
)

C/A No. 0:13-2909-JFA

ORDER

Petitioner, a self-represented inmate at Broad River Correctional Institution, filed a Petition
for Writ of Mandamus. (ECF No. 1.) By order issued on November 5, 2013, the court allowed
Petitioner an opportunity to provide the necessary paperwork to bring the case into proper form for
evaluation and possible service of process. (ECF No. 5.) Specifically, the order directed Petitioner
to pay the filing fee or submit an application to proceed in forma pauperis in this action. The order
warned Petitioner that failure to provide the necessary information within a specific time period would
subject the case to dismissal. Petitioner responded to the order by submitting letters indicating that
the court misinterpreted his pleading as a new civil action, but failed to pay the filing fee or provide
an application to proceed in forma pauperis in this case. (ECF Nos. 7, 8.) As Petitioner has failed
to comply with an order of the court, this 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.

January 2, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge