Collins v. Mitchell et al

Filing 12

ORDER adopts Report and Recommendations of Magistrate Judge Bristow Marchant and DISMISSES this action without prejudice.. Signed by Honorable Richard M Gergel on 5/7/2015.(cwhi, )

IN THE UNITED STATES DISTRICT COURT i'E iVEJ;
DISTRICT OF SOUTH CAROLINA.!:: . Ct.;':' C '.!~F ,. ;-,::-1. Sf

ZOl5 MAY -1 A q: 21
James Collins,
Plaintiff,
vs.
Roger Mitchell, Jonathan Holt,
Defendants.

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Case No. 2:14-cv-04883

ORDER

This matter comes before the Court on the Report and Recommendation (R & R) of the
Magistrate Judge (Dkt. No. 10), recommending that this action be dismissed for failure to
prosecute and failure to comply with an order of the Court.
On March 3, 2015, the Magistrate Judge ordered that Plaintiff bring his Complaint into
proper form within twenty-one (21) days by completing and returning a summons form and by
either paying the filing fee or completing, signing, and returning an Application to Proceed
Without Prepayment of Fees and Affidavit (Form AO 240) and completed Financial Certificate.
(Dkt. No.6). Plaintiff was warned that a failure to do so could result in his case being dismissed
for failure to prosecute and failure to comply with a Court order. (Jd.). Plaintiff did not bring his
case into proper form. Therefore, on April 14, 2015, the Magistrate Judge issued an R & R
recommending that this action be dismissed pursuant to Fed. R. Civ. P. 41. (Dkt. No.1 0).
Plaintiff has not filed objections to the R & R or brought this case into proper form. Therefore,
The Court ADOPTS the R & R (Dkt. No. 10) as an Order of this Court and DISMISSES
this action without prejudice.

AND IT IS SO ORDERED.

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Richard Mark Ger el
United States District Judge
May 7,2015
Charleston, South Carolina

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