Nesbitt v. Glen et al

Filing 9

ORDER - As Plaintiff has failed to prosecute this case and has failed to comply with an order of this court, the case is dismissed without prejudice. Signed by Honorable Richard M. Gergel on 11/19/2014. (gmil) Modified to correct filing date on 11/20/2014 (gmil).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CA~ffi.,INA:' Brian Keith Nesbitt, ) C/A~Jqo~<lSio~08 ) Plaintiff, ) ) ) ) v. ORDER Cap. Jenet Glen; James Parris; Gary Lane; Tim ) Riley; Karen McMorris, ) ) Defendants. ) ) Plaintiff, a state prisoner proceeding pro se, filed a Complaint pursuant to 42 U.S.C. ยง 1983. On September 5, 2014, the court issued an order allowing Plaintiff an opportunity to submit the documents necessary to bring the case into proper form for evaluation and possible service ofprocess. ECF No.5. The order warned Plaintiff that failure to provide the necessary information within a specific time period would subject the case to dismissal. Plaintiff did not respond to the order and the time for response has lapsed. As Plaintiff has failed to prosecute this case and has failed to comply with an order ofthis court, the case is dismissed without prejudice pursuant to Rule 41 ofthe Federal Rules of Civil Procedure. See Linkv. Wabash R.R. Co., 370 U.S. 626 (1962). IT IS SO ORDERED. November 1'1,2014 Charleston, South Carolina Richard M. Gergel United States District Judge NOTICE OF RIGHT TO APPEAL The parties are hereby notified ofthe right to appeal this order within the time period set forth under Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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