Jenkins v. Shelton et al

Filing 12

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. DISMISSES this action without prejudice. Signed by Honorable Richard M Gergel on 10/13/2015.(cwhi, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Peter Jenkins,
Plaintiff,
vs.
Deputy Corey Shelton, et. aI.,
Defendants.

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Case No. 2: 15-cv-02259-RMG

ORDER

This matter comes before the Court on the Report and Recommendation (R & R) ofthe
Magistrate Judge (Dkt. No. lO), recommending that this action be dismissed for failure to
prosecute and failure to comply with the Court's order to bring the case into proper form.
On July 21, 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. (Id.). Plaintiff did not bring his
case into proper form. Therefore, on September 9, 2015, the Magistrate Judge issued an R & R
recommending that this action be dismissed pursuant to Fed. R. Civ. P. 41. (Dkt. No. lO).
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 ofthis Court and DISMISSES
this action without prejudice.

AND IT IS SO ORDERED.

United States District Judge

October 1). , 2015
Charleston, South Carolina

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