Robinson v. Marquardt et al
ORDER. This case is dismissed without prejudice. The Clerk of Court shall close the file. Signed by The Honorable J Michelle Childs on 5/2/2014. (hcic, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Corey Jawan Robinson, # 294233,
) C/A No. 5:14-509-JMC
Sgt. M. Marquardt, AND
Ofc. Legwell, SMU A-Shift,
This case is before the Court because of Plaintiff’s failure to comply with the magistrate
judge’s Order of March 11, 2014. ECF No. 9.
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 dismissed without prejudice. The Court has
not received any response from Plaintiff and the time for his compliance has passed.
The mail in which the Order was sent to Plaintiff at the address provided when the case was
filed has not been returned to the Court, thus it is presumed that Plaintiff received the Order, but has
neglected to comply with it within the time permitted under the Order.
Plaintiff’s lack of response to the Order 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 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
IT IS SO ORDERED.
J. Michelle Childs
United States District Judge
May 2, 2014
Greenville, South Carolina
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 should obtain new forms for doing so from
the Clerk’s Office in Columbia (901 Richland Street, Columbia, South Carolina 29201).
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within the time period set
forth under Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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