Cokley v. Sharpe et al

Filing 11

ORDER that the above-captioned case is dismissed without prejudice. Signed by Honorable Richard M Gergel on 10/26/2011. (cwhi, )

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Edmund Cokley, # 329981,

Plaintiff,
vs.
Major Sharpe;
Captain Kelley;
Cpt. Coleman;
Capt. Angela Brown;
Lt. June;
Seargent Castillo;
Sgt. Heneken;
Sgt. Jones;
Sgt. Toney;
Sgt. Harris;
Sgt. Epps;
Corpal Taft;
Cpl. Farmer;
CpL Kelley;
Officer Epps;
Officer Pompey,
Defendants.

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This is a civil rights action filed by a state prisoner. Therefore, in the event that a limitations
issue arises, Plaintiff shall have the benefit of the holding in Houston v. Lack, 487 U.S. 266 (1988)
(prisoner's pleading was filed at the moment of delivery to prison authorities for forwarding to
District Court). This matter is before the Court because of Plaintiffs failure to comply with the
magistrate judge's order (ECF No.7) of September 29,2011. A review of the record indicates that

the magistrate judge ordered Plaintiff to submit the items (a Financial Certificate, a summons, and
Forms USM-285) needed to render this case into "proper form" within twenty-one (21) days, and
that if he failed to do so, this case would be dismissed without prejudice. Plaintiff has failed to
respond to the magistrate judge's order.
Accordingly, the above-captioned case is dismissed without prejudice. The Clerk of Court
shall close the file.'
IT IS SO ORDERED.

October ~ 2011
Charleston, South Carolina

United States District Judge

NOTICE OF RIGHT TO APPEAL
Plaintiff is, 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.

·Under the General Order (Misc. No. 3:07-MC-5014-JFA) filed on September 18, 2007, this
dismissal without prejudice does not count as a "strike" for purposes ofthe "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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