McKinney v. Johnson et al

Filing 69

ORDER dismissing the action with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F Anderson, Jr on 10/22/2010. (bshr, )

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M c K i n n e y v. Johnson et al D o c . 69 UNITED STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA C H A R L E S T O N DIVISION J o h n Phillip McKinney, pro se ) ) P l a in tif f , ) v. ) ) C p l. D. Johnson; Ofc. Pate; Cpl. ) S p e n c e r; and Warden McKie, ) ) D e f e n d a n ts . ) ) C / A No. 2:09-1353-JFA-RSC ORDER T h e plaintiff in this action failed to appear at pretrial conference that had been s c h e d u le d for October 13, 2010. The court was initially inclined to dismiss the case at that ju n c tu re , but out of an abundance of caution, the court issued an order and rule to show c a u se , requiring the plaintiff to show cause why he did not appear at the pretrial conference a n d specifically advised the plaintiff that his action would be dismissed if he did not respond. T h e rule was returnable on Friday, October 22, 2010. T h e plaintiff did not appear at the hearing or otherwise correspond with the court. It th u s appears that the plaintiff has clearly abandoned this action. For the foregoing reasons, th is action is hereby dismissed, with prejudice, pursuant to Rule 41 of the Federal Rules of C iv il Procedure. IT IS SO ORDERED. O ctob er 22, 2010 C o lu m b ia , South Carolina J o s e p h F. Anderson, Jr. U n ite d States District Judge Dockets.Justia.com

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