Frasier v. State of South Carolina

Filing 9

ORDER DISMISSING CASE. This case is dismissed without prejudice. The Clerk of Court shall close the file.IT IS SO ORDERED. Signed by Honorable Donald C Coggins, Jr on 08/03/2020. (dsto, )

4:20-cv-02441-DCC

Date Filed 08/03/20

Entry Number 9

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Michael Frasier, #215880,

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Plaintiff,
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v.
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State of South Carolina
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Defendant. )
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C/A No. 4:20-2441-DCC

ORDER

This is an action filed by state prisoner. This case is before the Court due to
Plaintiff’s failure to comply with the Magistrate Judge's Order. ECF No. 5. The order was
not returned as undeliverable.
The mail in which the Order was sent to Plaintiff’s provided address has not been
returned to the Court, thus it is presumed that Plaintiff received the Order, but has
neglected to comply with the Order within the time permitted. The Court has not received
a response from Plaintiff and the time for compliance has lapsed. A review of the record
indicates that the Magistrate Judge specifically informed Plaintiff that if he failed to comply
with the Order, this case would be subject to dismissal.
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

4:20-cv-02441-DCC

Date Filed 08/03/20

Entry Number 9

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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/ Donald C. Coggins, Jr.
United States District Judge
August 3, 2020
Spartanburg, South Carolina