Miller v. Jacobs et al

Filing 12

ORDER DISMISSING CASE. Signed by Honorable Timothy M Cain on 02/26/2016. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Herbert L. Miller,
Plaintiff,

vs.
Dr. T. Jacobs, and Dr. Barry Weissglass;
Defendants.

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C/A No. 4:15-4514-TMC-TER

ORDER

This case is before the Court because of Plaintiff’s failure to comply with the magistrate
judge’s Order of December 30, 2015. (ECF No. 6).
A review of the record indicates that by Order dated December 30, 2015, the magistrate
judge directed 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
dismissed without prejudice. The Court has not received any response from Plaintiff to the proper
form order, but the mail in which the Order was sent to Plaintiff at the address provided when the
case was filed was returned as “undeliverable.” The proper form order was mailed to Plaintiff’s
attention at the Charleston County Detention Center which is the only address that Plaintiff provided
when he filed this case.
Plaintiff’s failure to provide the Court with an updated address upon his release from
detention center custody indicates an intent to not continue prosecuting 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 "any order of the court."); see also Chandler Leasing Corp. v. Lopez, 669 F.2d 919,
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920 (4th Cir. 1982)(court may dismiss sua sponte).
Accordingly, this case is DISMISSED without prejudice. The Clerk of Court shall close
the file.1
IT IS SO ORDERED.

s/Timothy M. Cain
Timothy M. Cain
United States District Judge

February 26, 2016
Greenville, South Carolina

1

Under General Order, Misc. No. 3:07-5014-JFA, this dismissal without prejudice does
not count as a “strike” for purposes of the “three strikes” provision of 28 U.S.C. § 1915(g). If
Plaintiff wishes to bring this action in the future, he may obtain new forms for doing so from the
Clerk’s Office in Columbia (901 Richland Street, Columbia, South Carolina 29201).
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