Wright v. Strickland et al
Filing
15
ORDER DISMISSING CASE without prejudice. Signed by Honorable Timothy M Cain on 5/4/2015. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Narvin Wright,
Plaintiff,
vs.
Andy Strickland;
Jodie Taylor;
Matthew Walker;
David S. Matthews;
Colleton County Sheriff’s Office,
Defendants.
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C/A No. 5:15-cv-01266-TMC-KDW
ORDER
This case is before the court because of Plaintiff’s failure to comply with the magistrate
judge’s Order of April 2, 2015. 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 updated address that he provided
on March 26, 2015, ECF No. 6, 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 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
file.1
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
May 4, 2015
Anderson, 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 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).
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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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3
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