Moultrie v. Rivera

Filing 9

ORDER dismissing 1 Petition for Writ of Habeas Corpus filed by Joe Moultrie without prejudice pursuant to Rule 41 of the Federal Rules Civil Procedure. Signed by Honorable Richard M Gergel on 7/16/2013. (abuc)

IN THE UNITED STATES DISTRlCT COURT
FOR THE DISTRlCT OF SOUTH CAROLINA
Joe Moultrie,
Petitioner,

vs.
Mildred Rivera, Warden,
Respondent.

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CIA No. 1:13-1569-RMG

ORDER

Petitioner is a federal inmate who, proceeding pro se, filed a habeas petition pursuant 1
028
U.S.c. § 2241 . By order issued on June 13,2013, Petitioner was provided an opportW1i ty to submit
the necessary information and paperwork to bring the case into proper form for evaluation and

possible service of process. ECF No.5. Specifically. the order directed Petitioner to pay the fivedollar filing fee for a habeas corpus action, or submit an application to proceed in forma pauperis.

Id. at 1. The order warned Petitioner that failure to provide the necessary information within the
specified time period would subject the case to di smissal. Id. Petitioner did not respond to the order
and the time for response has lapsed. As Petitioner 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 4 1 of the

Federal Rules o[Civil Procedure. See Link v. Wabash R.R. Ca., 370 U.S. 626 (1962).
IT IS SO ORDERED.

July

N ,20 I3

Charleston, South Carolina

Richard M. Gerge
United States Distn

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.