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Blake v. Edwards

United States District Court, D. South Carolina

July 8, 2014

Markey Blake, Plaintiff,
v.
Detective Alex Edwards and Capt. Wineglass, Defendants.

ORDER

BRUCE HOWE HENDRICKS, District Judge.

This case is before the court because of Petitioner's failure to comply with The Honorable Cameron M. Currie's Order of July 11, 2013. (ECF No. 17).

A review of the record indicates that Judge Currie ordered Plaintiff to apprise the court of the status of the underlying criminal proceedings every six (6) months, and notify the court when the criminal charges are resolved and the stay in this case can be lifted. Plaintiff was specifically informed that if he failed to do so, this case may be dismissed with prejudice or other sanctions as may be appropriate may be issued. The Court received only one status report from Plaintiff on November 26, 2013 (ECF No. 29), and it has been more than six months since this status report was filed.

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 Petitioner fails to comply with "any order of the court."); 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 with prejudice. The Clerk of Court shall close the file.

IT IS SO ORDERED.


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