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Rodriguez v. Immigration and Custom Enforcement

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

September 12, 2014

ALONSO SANTIAGO RODRIGUEZ, Petitioner,
v.
IMMIGRATION AND CUSTOM ENFORCEMENT, Respondent.

ORDER

TERRY L. WOOTEN, Chief District Judge.

This habeas corpus case is now before the Court because Petitioner has failed to comply with the Court's Order entered on January 9, 2014 (Doc. #8), which instructed Petitioner to complete, sign, date, and return his Answers to the Court's Special Interrogatories with twentyone (21) days of entry of the Order. Petitioner has also failed to provide the Court with an updated address.

The January 9 Order was mailed to Petitioner at the address he provided when this case was opened. The Order was returned as undeliverable and marked "unable to forward." (Doc. #10). The deadline for Petitioner's compliance has now passed with no response from Petitioner.

Petitioner's failure to provide a forwarding address and his lack of response to the Order indicate his intent to discontinue prosecution of this case and subject this case to dismissal. See Fed.R.Civ.P. 41(b) (district courts may dismiss an action if a plaintiff 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.

Accordingly, this case is dismissed without prejudice. The Clerk of Court shall close the file.[1]

IT IS SO ORDERED.


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