United States District Court, D. South Carolina, Florence Division
Timothy M. Cain United States District Judge.
a federal prisoner proceeding pro se, brought this action
under 28 U.S.C. § 2241. (ECF No. 1). This case is before
the Court due to Petitioner's failure to comply with the
magistrate judge's orders of August 2, 2019, and
September 9, 2019. (ECF Nos. 6, 10). A review of the record
indicates that the magistrate judge twice ordered Petitioner
to submit items needed to bring his case into proper form
within twenty-one days and specifically warned Petitioner
that if he failed to do so, his case would be subject to
dismissal. (ECF Nos. 6 at 2; 10 at 2).
order of August 2, 2019, required Petitioner to respond
within twenty-one days to the following interrogatory of the
Petitioner has filed a Motion for in forma pauperis
stating he has zero amount of money in cash or in a checking
or savings account. (ECF No. 2). However, Petitioner attached
his prison record of his financial account activity and the
balance is $2, 669.10. EXPLAIN below any reasons why
you cannot pay the $5 filing fee in this action.
(ECF No. 6-1). The order contained bolded language warning
that if “Petitioner does not
respond to the Interrogatories attached to this Order
within the time permitted by this Order,
this case may 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.” (ECF No. 6 at 1).
Petitioner was ordered to advise the Clerk of Court of any
address changes and warned that the failure to do so
“will not be excused by the court” and would
subject his case to dismissal:
You are ordered to always keep the Clerk of Court advised
in writing . . . if your address
changes for any reason, so as to assure that orders or other
matters that specify deadlines for you to meet will be
received by you. If as a result of your failure to comply
with this Order, you fail to meet a deadline set by this
court, your case may be dismissed for violating this
Order. Therefore, if you have a change of address before
this case is ended, you must comply with this Order by
immediately advising the Clerk of Court in writing of such
change of address and providing the court with the docket
number of all pending cases you have filed with this court.
Your failure to do so will not be excused by the court.
(ECF No. 6 at 2).
August 2, 2019, order was sent to Petitioner at the address
he provided when he filed this action. (ECF No. 7).
Petitioner failed to comply or respond in any way.
September 9, 2019, the magistrate judge extended the time for
Petitioner to comply, issuing an identical order requiring
Petitioner to respond to the court's interrogatory and to
keep the court advised of his address and warning him that
the failure to do so could result in dismissal of his action.
(ECF No. 10). The September 9, 2019, order was also sent to
Petitioner at the address he provided when he filed this
action, (ECF No. 11), but it was returned as undeliverable,
(ECF No. 12).
has failed to comply with the court's orders and has not
notified the Clerk of any address changes. The court has not
received any response from Petitioner and the time for his
compliance has passed.
well established that a court has the authority to dismiss a
case pursuant to Federal Rule of Civil Procedure 41(b) for
failure to prosecute or failure to comply with orders of the
court. Ballard v. Carlson, 882 F.2d 93, 95 (4th
Cir.1989). “The authority of a court to dismiss sua
sponte for lack of prosecution has generally been considered
an ‘inherent power,' governed not by rule or
statute but by the control necessarily vested in courts to
manage their own affairs so as to achieve the orderly and
expeditious disposition of cases.” See Link v.
Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (emphasis
added). In addition to its inherent authority, this court may
also sua sponte dismiss a case for lack of prosecution under
Fed.R.Civ.P. 41(b). Id. at 630.
considering whether to dismiss an action pursuant to Rule
41(b), the ...