Opinion
C/A No. 4:16-cv-02455-BHH-KDW
08-19-2016
Willie James McCray, Plaintiff, v. The State of South Carolina, Defendant.
ORDER
This case is before the Court because of Plaintiff's failure to comply with the Magistrate Judge's Order of July 19, 2016 (ECF No. 7).
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 court has not received any response from Plaintiff and the time for his compliance has passed.
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 within the time permitted under the Order.
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 the 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) (holding that dismissal with prejudice is appropriate where a warning is given); Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982) (stating that courts may dismiss sua sponte).
Accordingly, this case is dismissed without prejudice. The Clerk of Court shall close the file.
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). --------
IT IS SO ORDERED.
/s/Bruce H. Hendricks
Bruce Howe Hendricks
United States District Judge August 19, 2016
Charleston, South Carolina
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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.