Opinion
4:21CV94-SA-RP
10-06-2021
ELTON HARPER PLAINTIFF v. CIRCUIT COURT OF WASHINGTON CO., ET AL. DEFENDANTS
ORDER OF DISMISSAL
SHARION AYCOCK, U.S. DISTRICT JUDGE.
The court takes up, sua sponte, the dismissal of this cause. On August 13, 2021, the court entered an order requiring the plaintiff - within 21 days - to either withdraw the petition in this case - or to amend it to include all habeas corpus claims he believes he has. The deadline to inform the court of his choice expired on September 3, 2021, and the plaintiff has taken neither action. As the court cannot proceed with this case until the plaintiff chooses, the case is DISMISSED without prejudice for failure to prosecute and failure to comply with an order of the court under Fed.R.Civ.P. 41(b).
SO ORDERED.