Ivey v. Buyon

Filing 12

ORDER dismissing the case without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F. Anderson, Jr. on 3/7/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Rodney Dale Ivey, #324929,
Plaintiff,
vs.
Lt. Buyon, South Carolina Department
of Corrections,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

C/A No.: 1:17-61-JFA

ORDER

Rodney Dale Ivey (“Plaintiff”), proceeding pro se, filed this action alleging a
violation of his constitutional rights. On January 13, 2017, 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) and to provide the service documents
necessary to advance his case. [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
February 7, 2017, asking Plaintiff to pay the $350 filing fee or complete the enclosed
Form AO 240 and to provide the service documents necessary to advance his case. [ECF
No. 8]. 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 February 28, 2017, 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
1

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.

March 7, 2017
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

2