Perez v. Immigration and Custom Enforcement

Filing 16

ORDER DISMISSING CASE. This case is dismissed without prejudice. Signed by Honorable Joseph F Anderson, Jr on 05/08/2014. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Wbnernel Perez,

)
)
Petitioner,
)
)
vs.
)
)
Immigration and Custom Enforcement,
)
)
Respondent.
)
____________________________________________)

4:14-cv-39-JFA-TER
ORDER

This case is before the Court because of Petitioner’s failure to comply with the
magistrate judge’s Order of March 26, 2014. ECF No. 9
A review of the record indicates that the magistrate judge ordered Petitioner to submit
items needed to render this case into proper form within twenty-one days, and specifically
informed Petitioner that if he failed to do so, this case would be subject to dismissal. The
Court has not received any response from Petitioner and the time for his compliance has
passed.
The mail in which the Order was sent to Petitioner at the address provided when the
case was filed has not been returned to the court, thus it is presumed that Petitioner received
the Order, but has neglected to comply with it within the time permitted under the Order.
Petitioner’s lack of response to the Order indicates an intent to not prosecute this case,
and subjects this case to dismissal. See Fed. R. Civ. P. 41(b)(district courts may dismiss an

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action if a Petitioner fails to comply with an 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, this case is dismissed without prejudice. The Clerk of Court shall close
the file.
IT IS SO ORDERED.

May 8, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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