El-Bey v. Hoose et al

Filing 15

ORDER adopting 11 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.
Frederick Reed Hoose, et ai.,
Defendants.

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Civil Action No. 2:16-3241-RMG

ORDER

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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 4,2016, giving Plaintiff21 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
10,2016, 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. 11.) 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. 13.) 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 proper form order. Plaintiff has not attempted to explain his failure to
obey the Court's order.
The Court therefore ADOPTS the Report and Recommendation (Dkt. No. 11) as the Order
of the Court, and DISMISSES WITHOUT PREJUDICE the complaint.

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AND IT IS SO ORDERED.

United States District Court Judge

December~, 2016
Charleston, South Carolina

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