Bellamy v. Othamologist et al

Filing 57

ORDER DISMISSING CASE: As the plaintiff has failed to comply with the orders pf the court, this action is dismissed without prejudice. Signed by Honorable Joseph F Anderson, Jr on 3/25/2014. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Donald Bellamy,
Plaintiff,
vs.
Opthamologist,
Institution,

Broad

River

Correctional

Defendants.
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ORDER
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This case is before the court as a result of plaintiff’s failure to comply with the
Magistrate Judge’s order of February 3, 2014 (ECF No. 40).
A review of the record indicates that the Magistrate Judge directed the plaintiff to
bring this action into proper form and plaintiff was given until February 24, 2014 to provide
the necessary information and paperwork for evaluation and possible service of the
complaint. Plaintiff was specifically informed that if he failed to follow the court’s
instructions, his case may be subject to dismissal.
Plaintiff’s failure to bring this case into proper form indicates an intent to not continue
prosecuting this case and subjects it 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.”); and
Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978).

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As the plaintiff has failed to comply with the orders of the court, this action is
dismissed without prejudice.
IT IS SO ORDERED.

March 25, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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