Arevalos v. McFadden

Filing 9

ORDER dismissing the case without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Timothy M. Cain on 12/6/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Jose Reyes Arevalos,

)
)
Petitioner,
)
)
)
v.
)
Warden Joseph McFadden,
)
)
Respondent.
)
_____________________________________ )

C/A No. 0:16-3322-TMC-PJG

ORDER

Petitioner, a self represented state prisoner, filed a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254. (ECF No. 1.) Petitioner was provided an opportunity to submit the documents
necessary to bring the case into proper form for evaluation and possible service of process. (ECF No.
5.) Petitioner was warned that failure to provide the necessary information within a specific time
period would subject the case to dismissal. (Id.) 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. 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.

December 6, 2016
Anderson, South Carolina

s/Timothy M. Cain
United States District Judge

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within the time period set forth
under Rules 3 and 4 of the Federal Rules of Appellate Procedure.