McILwain v. Whiteside et al

Filing 12

ORDER dismissing the action without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F. Anderson, Jr. on 05/27/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Monte McIlwain ,

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Plaintiff,
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vs.
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Jonathan C. Whiteside; Angela Wells; and S.W. )
Thompson,
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Defendants.
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C/A No.: 0:14-815-JFA

ORDER

Plaintiff, an inmate at Turbeville Correctional Institution (“TCI”), proceeding pro se,
filed a complaint pursuant to 42 U.S.C. § 1983 alleging excessive force and state law negligence
claims. On March 13, 2014, the court ordered Plaintiff to provide complete service documents
necessary to bring the case into proper form for evaluation. Plaintiff was warned that failure to
provide the necessary information within a specific time period would subject the case to
dismissal. Plaintiff failed to respond to the order. On April 22, 2014, the court provided Plaintiff
a second opportunity to complete service documents necessary to bring the case into proper
form. The time for response has expired and Plaintiff has not responded. Plaintiff has failed to
prosecute this case and has failed to comply with an order of this Court. Therefore, 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.

May 27, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge