Burton v. Bauer

Filing 9

ORDER DISMISSING CASE. Signed by Honorable J Michelle Childs on 10/27/2015. (dsto, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Bobby E. Burton, Jr. #836846,

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Plaintiff,
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v.
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S. Bauer,
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Assistant Regional Director,
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Defendant.
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___________________________________________ )

Civil Action No. 4:15-cv-02702-JMC

ORDER

This matter is before the court as a result of Plaintiff’s failure to comply with the Magistrate
Judge’s Order of July 22, 2015. (ECF No. 4.)
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 subject to dismissal. The court has not received
any response from Plaintiff and the time for his compliance has passed.
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 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 action if a
Plaintiff 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.

United States District Judge
October 27, 2015
Columbia, South Carolina