Hunt v. Leeke et al

Filing 14

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).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Leslie C. Hunt, Plaintiff, vs. Nelson V Leeke, et al.; Byers, SCDC Director; Unknown(s), SCDC Defendants to be amended; Defendants. _________________________________________ ) C/A No. 1:12-01599-JMC ) ) ) ) ) ) ) ORDER ) ) ) ) Plaintiff is a state prisoner who, proceeding pro se, filed a complaint concerning prison conditions pursuant to 42 U.S.C. ยง 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. 2

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