Boyd v. Wilson
ORDER dismissing 1 Petition for Writ of Habeas Corpus filed by Billy Roy Boyd without prejudice. Signed by Honorable Timothy M Cain on 3/7/2012. (abuc)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Billy Roy Boyd, # 349065,
Bernard McKie, Warden of Kirkland Correctional Institution,
) C/A No. 1:12-201-TMC-SVH
This is an action seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. This matter is
before the Court because of Petitioner’s failure to comply with the magistrate judge’s order (ECF
No. 6) of February 3, 2012. A review of the record indicates that the magistrate judge ordered
Petitioner to submit either of the two items needed to render this case into “proper form” within
twenty-one (21) days, and that if he failed to do so, this case would be dismissed without prejudice.
Specifically, the magistrate judge directed Petitioner to pay the five-dollar ($5) filing fee or submit
a Motion for Leave to Proceed in forma pauperis (Form AO 240). Plaintiff has failed to respond
to the magistrate judge’s order.
Accordingly, the above-captioned case is dismissed without prejudice. The Clerk of Court
shall close the file.*
IT IS SO ORDERED.
March 7, 2012
Greenville, South Carolina
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
NOTICE OF RIGHT TO APPEAL
Petitioner is, 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.
Under the General Order (Misc. No. 3:07-MC-5014-JFA) filed on September 18, 2007, this
dismissal without prejudice does not count as a “strike” for purposes of the “three strikes” provision
of 28 U.S.C. § 1915(g). If Petitioner wishes to bring this action in the future, he should obtain new
forms for doing so from the Clerk’s Office in Columbia (901 Richland Street, Columbia, South
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