Best v. Metts et al

Filing 15

ORDER DISMISSING CASE without prejudice signed by Honorable Henry M Herlong, Jr on 9/22/10. (ncha, )

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ANDERSON/GREENW OOD DIVISION Bryan Best, Plaintiff, vs. ) C.A. No. 8:10-1908-HMH-BHH ) ) ) ) ORDER ) ) ) ) ) ) ) )

James Metts; Joe Quig; Trinity Food Service; and Mary Miley, Defendants. ____________________________________________

This is a civil action filed by a local prisoner. This matter is before the Court because of Plaintiff's failure to comply with the magistrate judge's Order of August 4, 2010. (Entry 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 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 "a court order."); 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/Henry M. Herlong, Jr. Senior United States District Judge September 22, 2010 Greenville, 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).

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