Burkes v. McFadden

Filing 13

ORDER dismissing the case without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Bruce Howe Hendricks on 9/9/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Christopher Lovett Burkes, #272240,
Petitioner,
vs.
Warden Joseph McFadden,
Respondent.

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C/A No.: 1:16-2532-BHH

ORDER

Christopher Lovett Burkes (“Petitioner”), an inmate housed at Lieber Correctional
Institution, proceeding pro se, brought this action seeking habeas corpus relief under 28
U.S.C. § 2254. On July 15, 2016, the Court ordered Petitioner to pay the five dollar ($5)
filing fee for a habeas corpus action or complete and return the attached Form AO 240
(application to proceed in forma pauperis). (ECF No. 5.) Petitioner was warned that failure
to provide the necessary information within a specific time period would subject the case to
dismissal. Id. Petitioner failed to respond. On August 12, 2016, the Court sent a second
order asking Petitioner to pay the five dollar ($5) filing fee for a habeas corpus action or
complete and return the attached Form AO 240. (ECF No. 10.) Petitioner was again warned
that failure to provide the necessary information within a specific time period would
subject the case to dismissal. Id. The time for a response expired on September 6, 2016, and
Petitioner did not respond. 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 41 of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co., 370 U.S.

626 (1962).
IT IS SO ORDERED.

/s/Bruce Howe Hendricks
Bruce Howe Hendricks
United States District Judge

September 9, 2016
Greenville, 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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