Clyburn v. South Carolina, State of

Filing 13

ORDER DISMISSING CASE without prejudice for failure to prosecute. Signed by Honorable Timothy M Cain on 5/7/13. (hhil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Demario Clyburn, #260856,
a/k/a Demario Marquis Clyburn,
Petitioner,
vs.
State of South Carolina,
Respondent.

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ORDER
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Demario Clyburn (“Petitioner”), proceeding pro se, filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254, while a prisoner in the South Carolina Department of
Corrections (“SCDC”). The petition challenges Petitioner’s state convictions from August 30,
1999, for armed robbery and first degree burglary, which resulted in two concurrent fifteen
year sentences. By Order dated March 29, 2013, Petitioner was instructed to show cause
why his petition should not be dismissed as untimely filed based on the information provided
in the petition. Petitioner, however, did not receive the order, because it was returned to the
court as undeliverable mail after being received by SCDC on April 2, 2013, and stamped
“return to sender” with “unable to forward.” ECF No. 10.
Petitioner has apparently been released from SCDC as he is not listed as an inmate
in SCDC’s inmate database. Further, Petitioner has a pending civil rights case in this court,
which was removed from state court, and the street address provided by Petitioner in that
case has also resulted in undeliverable mail. See Clyburn v Huntley, C/A No. 2:13-742TMC-BHH (entry # 14). Petitioner has not provided the court with a new address at which
he receives mail, and the record indicates no attempt by Petitioner to contact the court since

filing his federal habeas petition in this case.
It is ordered that this case is dismissed, without prejudice, pursuant to Rule 41 of
the Federal Rules of Civil Procedure. See Link v. Wabash Railroad Company, 370 U.S. 626
(1962).
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
May 7, 2013
Anderson, South Carolina

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