United States District Court, D. South Carolina
July 1, 2015
William Benjamin Brown, Petitioner,
Warden Mansukhani, Respondent.
REPORT AND RECOMMENDATION
BRISTOW MARCHANT, Magistrate Judge.
Petitioner is a federal prisoner serving his sentence at the Federal Correctional Institution in Estill, South Carolina. Proceeding pro se, Petitioner has filed a petition in which he appears to request that a writ of mandamus be issued ordering this court to grant his 28 U.S.C. § 2241 petition filed in a previous case, Brown v. Mansukhani, No. 9: 14-cv-01355-MGL (D.S.C).[*]
In an Order dated May 25, 2015, Plaintiff was given twenty-one (21) days to bring his Complaint into proper form by paying the fees for filing ($350.00 filing fee and additional $50.00 administrative fee) or by completing, signing, and returning an Application to Proceed Without Prepayment of Fees and Affidavit (Form AO 240) with a completed Financial Certificate. Plaintiff was specifically admonished that if he failed to provide the items specified within the period prescribed in the Order, the case might be dismissed for failure to prosecute and failure to comply with an order of this court under Rule 41 of the Federal Rules of Civil Procedure.
Plaintiff has failed to complete his proper form process, he has not submitted any further communication with the Court concerning this action, and Respondent has not been served. It is recommended that this case be dismissed, without prejudice, for the failure of Plaintiff to comply with this Court's Order or to properly prosecute his claims. See Fed.R.Civ.P. 41(b); Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982); Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989), cert. denied sub nom., Ballard v. Volunteers of Am., 493 U.S. 1084 (1990)[Magistrate judge's prior explicit warning that a recommendation of dismissal would result from the plaintiff failing to obey his order was proper grounds for the district court to dismiss suit when the plaintiff did not comply despite warning].