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Garrett v. Strickland

United States District Court, District of South Carolina, Orangeburg Division

May 5, 2015

Lemont M. Garrett, Plaintiff,
v.
Andy Strickland; Jodie Taylor; Matthew Walker; David Matthews; Colleton County Sheriff’s Office, Defendants.

ORDER

G. Ross Anderson, Jr. Senior United States District Judge

This case is before the court because of Plaintiff’s failure to comply with the magistrate judge’s Order of April 2, 2015. ECF No. 8.

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. Id. The court has not received any response from Plaintiff and the time for his compliance has passed.

Plaintiff’s lack of response to the Order indicates his intent not to 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 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); Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982) (court may dismiss sua sponte).

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

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL DECISION

Pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure, Defendant has the right to appeal this Order within fourteen (14) days from the date of its entry. Failure to meet this deadline, as modified by Rule 4 of the Federal Rules of Appellate Procedure, will waive the right to appeal.


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