Harley v. Byars et al

Filing 13

ORDER DISMISSING CASE without prejudice, Motion terminated as moot: 2 MOTION for Preliminary Injunction filed by Thomas Harley. Signed by Honorable R Bryan Harwell on April 17, 2013. (kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
)
)
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Plaintiff,
)
v.
)
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Director William R Byars, Warden )
Robert Stevenson, DW Bush, Med )
Dir J Moore, HCA J Smith, Dentist )
)
Dr McMilliaus; Den Assist Kim
)
Gregg, Ct Clerk Jeanette W
McBridge, Dis Off E Rowe, Att Gen )
)
Alan Wilson,
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Defendants.
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Thomas Harley,

#162293,

Civil Action No.: 3:12-3433-RBH

ORDER

This case is before the Court because of Plaintiff’s failure to comply with the Magistrate
Judge’s Order of January 11, 2013. (ECF No. 8).
A review of the record indicates that the Magistrate Judge ordered Plaintiff to submit items
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. The mail in
which the Order was sent to Plaintiff at the address provided when the case was filed has not been
returned to the Court, thus it is presumed that Plaintiff received the Order, but has neglected to
comply with it within the time permitted under the Order.
Plaintiff’s lack of response to the Magistrate Judge’s Order 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 pending Motion (ECF No. 2) is MOOT, and this case is DISMISSED
without prejudice. The Clerk of Court shall close the file.1
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
April 17, 2013

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).
2