Wilson v. Hood

Filing 13

ORDER dismissing Petition without prejudice for failure to prosecute pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Henry M Herlong, Jr on 8/15/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Christopher Darnell Wilson, #316742,

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Petitioner,
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vs.
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Judge Robert E. Hood, et al. in expanded )
cases, and Warden McFadden,
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Respondents.
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C/A No. 1:17-1468-HMH

ORDER

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 June 26, 2017,
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), and to fully complete, sign, and return the attached § 2254 habeas petition.
[ECF No. 5]. Petitioner did not respond. On July 21, 2017, the Court sent a second order
asking Petitioner to fully complete, sign, and return the attached § 2254 habeas petition,
and pay the five dollar ($5) filing fee for a habeas corpus action or complete and return the
attached Form AO 240. [ECF No. 9]. The time for a response expired on August 11, 2017,
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/Henry M. Herlong, Jr.
Senior United States District Judge

Greenville, South Carolina
August 15, 2017

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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