Hunt v. Leeke et al
ORDER re 2 Complaint, filed by Leslie C Hunt. This case is dismissed without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable J Michelle Childs on 7/19/2012. (abuc) Modified to correct file date on 7/20/2012 (abuc).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Leslie C. Hunt,
Nelson V Leeke, et al.;
Byers, SCDC Director;
Unknown(s), SCDC Defendants to be amended;
) C/A No. 1:12-01599-JMC
Plaintiff is a state prisoner who, proceeding pro se, filed a complaint concerning prison
conditions pursuant to 42 U.S.C. § 1983. By order issued on June 22, 2012, Plaintiff was given an
opportunity to provide the necessary information and paperwork to bring the case into proper form
for evaluation and possible service of process. [ECF No. 7]. Plaintiff was warned that failure to
provide the necessary information within the timetable set in the order would subject the case to
dismissal. Plaintiff filed a letter with the Court indicating that he intended to retain counsel and file
a separate lawsuit. [ECF No. 9]. Plaintiff also filed a letter asking whether the Court would refund
his filing fee if his lawsuit was unsuccessful. [ECF No. 11]. However, Plaintiff did not provide any
of the information requested by the Court, and the time for response has lapsed. Because Plaintiff has
failed to prosecute this case and has failed to comply with an order of this Court, 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.
July 19, 2012.
Greenville, South Carolina
s/J. Michelle Childs
J. Michelle Childs
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.
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