Lisenby v. Jackson et al

Filing 49

ORDER: Plaintiff is instructed to inform the court by February 19, 2014 regarding his request in ECF No. 43 . Signed by Magistrate Judge Kaymani D West on 2/7/2014. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Billy Lee Lisenby, Jr., a.k.a,
Malik Al-Shabazz,
Plaintiff,
v.
William R. Byars, Jr., Warden Padula,
Defendants.

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C/A No.: 5:13-cv-02106-DCN-KDW

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging violations
of his constitutional rights pursuant to 42 U.S.C. § 1983. On January 7, 2014, Plaintiff filed a
letter advising the court that he wished to “voluntarily dismiss or withdraw [his] 1983 against
Solicitor Jackson etc. Will you send me the attorney for the state, so I can him also well?” ECF
No. 43. Based on this letter, the court is unable to determine if Plaintiff intends to voluntarily
dismiss his entire case against all Defendants or simply against Solicitor Jackson.1

Therefore,

Plaintiff is instructed to inform the court by February 19, 2014 if his request is to:

A) Dismiss C/A No.: 5:13-cv-02106-DCN-KDW in its entirety against all Defendants;
or
B) Dismiss C/A No.: 5:13-cv-02106-DCN-KDW only as to Defendant Jackson;
or
C) Dismiss C/A No.: 5:13-cv-02106-DCN-KDW only as to Defendants Byars;

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The Court dismissed the Complaint against Defendant Jackson on October 18, 2013. ECF No.
30. To the extent Plaintiff is attempting to dismiss his suit solely against Defendant Jackson, his
request is redundant.

or
D) Dismiss C/A No.: 5:13-cv-02106-DCN-KDW only as to Defendant Padula.

IT IS SO ORDERED.

February 7, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge