Mitchell v. State of South Carolina

Filing 15

ORDER DISMISSING CASE without prejudice. Signed by Honorable Bruce Howe Hendricks on 3/6/2017. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Robert Mitchell,
Plaintiff,
vs.
State of South Carolina;
Judge Seymour;
Judge Rogers, and
Judge Cain,
Defendants.

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C/A No. 5:16-cv-03806-BHH-KDW

ORDER

This case is before the Court because of Plaintiff’s failure to comply with the
Magistrate Judge’s Proper Form Order of January 5, 2017. (ECF No. 7.)
A review of the record indicates that the Magistrate Judge ordered Plaintiff to
submit items (a full list of Defendants, filing fee, in forma pauperis motion, financial
certificate, service documents) 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. (ECF No. 7.) The time for his compliance was
extended to February 28, 2017 on Plaintiff’s Motion. (ECF Nos. 9, 10.) The court has
not received any response from Plaintiff and the time for his compliance has passed.
The mail in which the Proper Form Order was sent to Plaintiff1 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 as extended.

1

The Order was mailed to the address provided when the case was filed.

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 Choice Hotels Int’l, Inc. v. Goodwin & Boone, 11 F.3d 469, 471-72 (4th
Cir. 1993) (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/ Bruce Howe Hendricks
United States District Judge
March 6, 2017
Greenville, 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.