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Crawford v. Byers

United States District Court, D. South Carolina, Florence Division

July 21, 2014

Dexter Crawford, # 231730, a/k/a Dexter Lamont Crawford, Plaintiff,
v.
Director FNU Byers; Regional Director, John Doe; Warden FNU Dunlap; Mr. FNU Hint, Lt.; Major Jane Doe; Cpt. John Doe; Lt. FNU Vick; Sgt. John Doe; Ofc. T.W. Thomas; Ofc. FNU Geddy; Ms. Cpl. K. Dove, Defendants.

ORDER

TERRY L. WOOTEN, Chief District Judge.

This case is before the Court due to Plaintiff's failure to comply with the Order to bring the above-captioned case into proper form entered by Magistrate Judge Thomas E. Rogers, III on April 4, 2014. (Doc. #7).

A review of the record indicates that the Magistrate Judge ordered Plaintiff to submit within twenty-one days (21) certain items needed to render this case into proper form. (Doc. #7). The Plaintiff was specifically informed that failure to bring the above-captioned case into proper form may result in dismissal of the case for failure to prosecute and failure to comply with an Order of the Court pursuant to Rule 41 of the Federal Rules of Civil Procedure.[1] (See Doc. #7 at 3, 4). The Plaintiff has not complied with the Order. The time for compliance has passed and the Plaintiff has not made any contact with the Court since the initial filing of this action on March 13, 2014.

Plaintiff's lack of response to the Court Order indicates the Plaintiff does not intend to prosecute the above-captioned 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 an order of the court.); see also Chandler Leasing Corp. v. Lopez , 669 F.2d 919, 920 (4th Cir. 1982) (court may dismiss sua sponte).

Accordingly, it is hereby ORDERED that the above-captioned case is DISMISSED without prejudice for failure to prosecute pursuant to Rule 41 of the Federal Rules of Civil Procedure.[2] The Clerk of Court shall close the file.

IT IS SO ORDERED.


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