York v. Johnson

Filing 13

ORDER dismissing 1 Complaint without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Richard M Gergel on 12/16/2015. (mwal)

IN THE UNITED STATES DISTRlCT COURT

FOR THE DISTRlCT OF SOUTH CAROLINA

Herbert Demond York, #3033,
Plaintiff,
vs.
T. Johnson, sued in his individually and

official capacities,
Defendant.

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CIA No.: 1:15-4305-RMG
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Herbert Demond York ("Plaintiff"), proceeding pro se, filed this action alleging a
violation of his constitutional rights. On October 22, 2015, the court ordered Plaintiff to
pay the $350 filing fee or complete the enclosed Application to Proceed Without
Prepayment of Fees and Affidavit (Form AO 240), to provide the service documents
necessary to advance his case, and to complete, sign, and return the enclosed complaint
form. [ECF No.5]. Plaintiff was warned that the failure to provide the necessary
information within a specific time period would subject the case to dismissal. Id. Plaintiff
did not file a response. The court issued a second order on November 12, 2015, asking
Plaintiff to pay the $350 filing fee or complete the enclosed Form AO 240, to provide the
service documents necessary to advance his case, and to complete, sign, and return the
enclosed complaint form. [ECF No.1 0]. Plaintiff was warned that the failure to provide the
necessary information within a specific time period would subject the case to dismissal. Id.
The time for response expired on December 7, 2015, and Plaintiff did not file a response.
As 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.

Richard M. '-'_....... .,.
United States Dist ict Judge

December 16, 2015
Columbia, South Carolina

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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