Lytle v. Samuels et al

Filing 18

ORDER DISMISSING CASE without prejudice. Signed by Honorable Timothy M Cain on 11/2/2016. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Curtis Jerome Lytle,
Plaintiff,
vs.

Charles Samuels;
Christopher Zych;
Curtis Mabe, and
Dale Rupert,
Defendants.

C/A No. 5:16-cv-01784-TMC

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ORDER

On September 12, 2016, Plaintiff was ordered to pay the full filing fee in this case within

thirty-one (31) days or this civil action would be dismissed. (ECF No. 14). The deadline for
Plaintiff’s performance under the Order was set for October 13, 2016. Id. However, because the
deadline occurred during the nine-day “state-wide holiday” declared by the Supreme Court of
South Carolina for Hurricane Matthew, see Order Re: Hurricane Matthew (S.C. Oct. 10, 2016),
it was extended to October 17, 2016 pursuant to Rule 6(a)(1)(C), (6)(C) of the Federal Rules of
Civil Procedure. The time for Plaintiff’s performance has now passed and Plaintiff has not
submitted the $400.00 filing fee ($350.00 filing fee plus $50.00 administrative fee) for this case.1

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The court notes that Plaintiff has paid the full filing fee as directed in a separate, but
essentially identical, case that Plaintiff filed after he filed this case. See Lytle v. Samuels, No.
5:16-cv-02277-TMC-KDW, ECF No. 17. The same defendants are named in that case and,
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Accordingly, this case is DISMISSED without prejudice.
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge

November 2, 2016
Anderson, South Carolina

therefore, even though this case is dismissed, Plaintiff can pursue any claims he has against them
in No. 5:16-cv-02277-TMC-KDW.
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