El-Bey v. Culnon et al
Filing
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ORDER adopting 14 Report and Recommendation of Magistrate Judge Mary Gordon Baker. The Court DISMISSES WITHOUT PREJUDICE the complaint. Signed by Honorable Richard M Gergel on 12/15/2016.(ssam, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
DeWayne Alphonza EI-Bey
Plaintiff,
v.
William Culnon, et al. ,
Defendants.
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Civil Action No.2: 16-3239-RMG
ORDER
This matter is before the Court on the Report and Recommendation of the Magistrate
Judge, recommending this action be dismissed without prejudice under Rule 41 of the Federal
Rules of Civil Procedure. PlaintiffDeWayne Alphonza EI-Bey proceeds proceeding pro se and in
forma pauperis in this civil action filed under 42 U.S.C. § 1983. This Court issued a second Proper
Form Order on October 17, 2016, giving Plaintiff 21 days, plus 3 days for mail transit time, to
bring this case into proper form. Plaintiff failed to bring this case into proper form, and on
November 11, 2016, the Magistrate Judge issued a Report and Recommendation stating, "Plaintiff
has failed to bring this case into proper form, and the time for doing so has expired." (Dkt. No.
14.) Plaintiff filed no objections to the Report and Recommendation, but instead finally provided
the service documents required to bring the case into proper form.
(Dkt. No. 16.) As the
Magistrate Judge stated, the time for bringing the case into proper form had expired.
The
opportunity to object to the Report and Recommendation was an opportunity for Plaintiff to show
cause for his failure to comply with the Court's two proper form orders. Plaintiffhas not attempted
to explain his failure to obey Court orders in this matter.
The Court therefore ADOPTS the Report and Recommendation (Dkt. No. 14) as the Order
of the Court, and DISMISSES WITHOUT PREJUDICE the complaint.
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AND IT IS SO ORDERED.
Richard Mark Gergel
United States District Court Judge
December I '>, 2016
Charleston, South Carolina
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