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Dixon v. United States

United States District Court, D. South Carolina

October 16, 2014

George Dixon, #XXXXX-XXX, a/k/a George Michael Dixon, Plaintiff,
v.
United States of America, Defendant.

ORDER

TERRY L. WOOTEN, Chief District Judge.

Plaintiff, a federal prisoner housed at Federal Correctional Institution ("FCI") Estill, a facility of the Bureau of Prisons ("BOP"), brings this action pursuant to the Federal Torts Claim Act ("FTCA") against the United States of America for claims of negligence related to the failure to treat Plaintiff's knee injury. [ECF No. 1]. On August 14, 2014, the Court ordered Plaintiff to pay the $350 filing fee or complete the enclosed Application to Proceed Without Prepayment of Fees (Form AO 240) and Financial Certificate, to provide the service documents necessary to advance his case, and to fully complete the attached Special Interrogatory. [ECF No. 5]. Plaintiff was warned that the failure to provide the necessary information within a specific time period would subject the case to dismissal. Id. Plaintiff did not file a response. The Court sent a second order on September 15, 2014, asking Plaintiff to pay the $350 filing fee or complete the enclosed Form AO 240 and Financial Certificate, to provide the service documents necessary to advance his case, and to fully complete the court's Special Interrogatory. [ECF No. 9]. Plaintiff was again warned that failure to provide the necessary information within a specific time period would subject the case to dismissal. Id. The time for response expired on October 9, 2014, and Plaintiff did not file a response. As Plaintiff has failed to prosecute this case and has failed to comply with an order of this Court, the case is dismissed without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co., 370 U.S. 626 (1962).

IT IS SO ORDERED.


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