Flemming v. South Carolina Department of Corrections et al
ORDER DISMISSING CASE. Signed by Honorable Timothy M Cain on 01/13/2017.(dsto)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Michael Flemming, #229516,
South Carolina Department of Corrections,
Dutch Fork Magistrate Court,
C/A No. 4:16-3497-TMC-TER
This case is before the Court because of Plaintiff’s failure to comply with the magistrate
judge’s orders of October 28, 2016, and November 8, 2016. (ECF Nos. 5 and 12). 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 orders were sent to Plaintiff at the address provided has not been
returned to the court, thus it is presumed that Plaintiff received the orders, but has neglected to
comply with the orders within the time permitted under the orders.
Plaintiff’s lack of response 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.
s/Timothy M. Cain
United States District Judge
January 13, 2017
Anderson, South Carolina
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?