English v. Conell

Filing 15

ORDER denying 2 MOTION for Leave to Proceed in forma pauperis and dismissing case without prejudice. Signed by Honorable Joseph F Anderson, Jr on 5/1/2012. (abuc)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Roderick Jerome English,
aka Roderick English,
Plaintiff,
vs.
Ms. Conell,
Defendant.
_____________________________________________

) C/A No. 3:12-664-JFA-SVH
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ORDER
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This case is before the Court because of Plaintiff’s failure to comply with the magistrate
judge’s Order of April 5, 2012. (ECF No. 9).
A review of the record indicates that the magistrate judge ordered Plaintiff to submit items
(signed pleadings/motions; service documents) needed to render this case into proper form within
twenty-one days, and specifically informed Plaintiff that if he failed to do so, this case would be
dismissed without prejudice. Plaintiff minimally complied by submitting the required signature
pages for his pleadings (ECF No. 1, Attach. 2; ECF No. 2, Attach. 2), but he returned the blank
service documents in the same form he received them: blank, with the exception of a brief statement
written on the blank summons form in which Plaintiff states that he does not have Defendant’s
address. (ECF No. 11). He does not indicate that he has any plan for or intention of obtaining the
address at any later date, nor does he request any type of extension of time to avoid the running of
his proper-form deadline.
Plaintiff’s apparent inability and/or unwillingness to obtain Defendant’s address for service
of process indicates an intent to not continue prosecuting this case, and subjects this case to

dismissal. See Fed. R. Civ. P. 41(b)(district courts may dismiss an action if a Plaintiff fails to
comply with "any order of the court."); see also Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir.
1989)(dismissal with prejudice appropriate where warning given); Chandler Leasing Corp. v. Lopez,
669 F.2d 919, 920 (4th Cir. 1982)(court may dismiss sua sponte).
Accordingly, the Motion for Leave to Proceed in forma pauperis is denied, and this case is
dismissed without prejudice. The Clerk of Court shall close the file.1
IT IS SO ORDERED.

May 1, 2012
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

1

Under General Order, Misc. No. 3:07-5014-JFA, this dismissal without prejudice does not count
as a “strike” for purposes of the “three strikes” provision of 28 U.S.C. § 1915(g). If Plaintiff wishes
to bring this action in the future, he should obtain new forms for doing so from the Clerk’s Office
in Columbia (901 Richland Street, Columbia, South Carolina 29201).
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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within the time period set
forth under Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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