Seibles v. Deal et al

Filing 9

ORDER re 1 Complaint filed by Joshua J Seibles. It is ordered that this case is dismissed without prejudice for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Chief Judge Terry L Wooten on 6/3/2013. (abuc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Joshua J. Seibles, ) ) Plaintiff, ) ) vs. ) ) Mary Deal, in her individual capacity; and ) Stacey D. Haynes, in her individual capacity, ) ) Defendants. ) ) C/A No.: 3:13-cv-01112-TLW-SVH ORDER Plaintiff, Joshua J. Seibles (“plaintiff), an inmate at the United States Penitentiary in Lewisburg, Pennsylvania, filed this civil action, pro se, on April 25, 2013, alleging constitutional violations by federal officials. (Doc. #1). Magistrate Judge Shiva V. Hodges entered an Order on April 25, 2013 directing the plaintiff to provide the Court with the necessary paperwork and information required to bring this case into proper form. (Doc. #5). Plaintiff was warned that failure to provide the necessary information within the timetable set forth in the Order would subject this case to dismissal for failure to prosecute and failure to comply with an Order of this Court pursuant to Federal Rule of Civil Procedure 41. (See Doc. #5). The deadline for plaintiff to bring this case into proper form expired on May 20, 2013. (See Doc. #5). Petitioner has not responded to the Court’s Order and has not otherwise appeared in this case since it was filed. The Magistrate Judge’s Order (Doc. #5) specifically noted that the petitioner’s case would be subject to dismissal if the petitioner failed to comply with the Order. Therefore, the Court concludes that the petitioner does not intend to pursue the above-captioned case. See Fed. R. Civ. P. 41(b); Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). Petitioner has failed to respond to an Order of the Court and has failed to prosecute the above-captioned case. Accordingly, it is hereby ORDERED that the above-captioned case is DISMISSED without prejudice for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co., 370 U.S. 626 (1962). IT IS SO ORDERED. s/ Terry L. Wooten Terry L. Wooten Chief United States District Judge June 3, 2013 Columbia, South Carolina 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. 2

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