Mazzell v. Weissglass et al

Filing 13

ORDER DISMISSING CASE without prejudice. Signed by Honorable Richard M Gergel on 1/29/2016. (mcot, )

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Marion C. Mazzell, #304031,
Plaintiff,
vs.
Dr. Barry Weissglass;
Dr. John Doe Bush, and
Dr. T. Jacobs,
Defendants.

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CIA No. 5: 15-cv-04754-RMG

ORDER

This case is before the court because of Plaintiff s failure to comply with the magistrate
judge's Order of December 30,2015. ECF No.8.
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 was returned to the court marked undeliverable. ECF No. 10. Thus, it appears that
Plaintiff was released from confinement after this case was filed, but before he received the
court's initial Order. No forwarding address was provided on the returned envelope, and Plaintiff
has not provided a current address for himself. Additionally, a search of both the South Carolina
Department of Corrections' and the Federal Bureau of Prison's internet websites inmate locators
did not show Plaintiff as a prisoner in either of those systems.

Plaintiff's lack of response to the Order and his failure to provide the court with a current
address after release from the custody of Charleston County indicates an intent to not continue
prosecuting this case, and subjects it 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.

Car/son, 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.!

IT IS SO ORDERED.

January

y., , 2016
United States District Judge

Charleston, South Carolina

I 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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