McKie v. Wilson

Filing 11

ORDER DISMISSING CASE without prejudice. Signed by Honorable R Bryan Harwell on 4/9/2015. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Travis Lee McKie,
Petitioner,
vs.
Alan Wilson,
Respondent.

) C/A No. 5:15-cv-00775-RBH
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ORDER
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This case is before the Court because of Petitioner’s failure to comply with the magistrate
judge’s Order of March 9, 2015. ECF No. 7.
A review of the record indicates that the magistrate judge ordered Petitioner to submit
items needed to render this case into proper form within twenty-one days, and specifically
informed Petitioner that if he failed to do so, this case would be dismissed without prejudice. The
Court has not received any response from Petitioner and the time for his compliance has passed.
The mail in which the Order was sent to Petitioner at the address provided when the case
was filed has not been returned to the court, thus it is presumed that Petitioner received the
Order, but has neglected to comply with it within the time permitted.
Petitioner’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 litigant 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
file.1
IT IS SO ORDERED.

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
April 9, 2015
Florence, South Carolina

1

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
Petitioner 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).