Boston v. Kelly et al

Filing 17

ORDER DISMISSING CASE without prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Mary G Lewis on 9/11/2013. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jason Thomas Boston,
Plaintiff,
vs.
Cpl. Stewart Kelly; Lake City Police Department,
Defendants.

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C/A No. 4:13-1382-MGL

OPINION AND O R D E R

Plaintiff, while a pretrial detainee at the Florence County detention center, proceeding pro se,
filed a complaint concerning prison conditions pursuant to 42 U.S.C. § 1983. By order dated August
16, 2013, Plaintiff was given an opportunity to provide the necessary information and paperwork to
bring his case into proper form for evaluation and possible service of process. Plaintiff did not
receive the order, as it was returned to the court as undeliverable mail and stamped “RETURN TO
SENDER,” with “released” handwritten on the envelope. ECF No. 14. Plaintiff has not provided the
court with a new address at which he receives mail, and the record indicates no attempt by Plaintiff
to contact the court since filing the complaint. The case is dismissed, without prejudice, pursuant
to Rule 41 of the Federal Rules of Civil Procedure. See Link v. Wabash Railroad Company, 370 U.S.
626 (1962).
IT IS SO ORDERED.
s/Mary Geiger Lewis
Mary Geiger Lewis
United States District Judge
September 11, 2013
Spartanburg, 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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