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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Joshua J. Seibles,

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Plaintiff,
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vs.
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Mary Deal, in her individual capacity; and
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Stacey D. Haynes, in her individual capacity, )
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Defendants.
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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.

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