Miller v. R Eugene Detention Center et al
ORDER DISMISSING CASE without prejudice. Signed by Honorable David C Norton on 9/8/2015. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
James Fred Miller,
C/A No. 5:15-cv-02703-DCN-KDW
This case is before the court because of Plaintiff’s failure to comply with the magistrate
judge’s Order of August 7, 2015. ECF No. 10.
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
Accordingly, this case is dismissed without prejudice. The Clerk of Court shall close the
IT IS SO ORDERED.
David C. Norton
United States District Judge
September 8, 2015
Charleston, 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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