UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Raekwon D.A. Wilson, #375336, ) C/A No. 4:24-2599-HMH-TER
Petitioner, )
)
vs. ) ORDER
)
Warden, McCormick Correctional Institution, )
)
Respondent. )
____________________________________________
Petitioner, proceeding pro se, filed a document requesting habeas corpus relief under 28
U.S.C. § 2254. ECF No. 1. By Order dated May 10, 2024, Petitioner was given an opportunity to
pay the filing fee or to apply for in forma pauperis status and to file a factual explanation to show
cause why the Petition should not be dismissed based on the statute of limitations. ECF No. 5.
Petitioner was warned that failure to provide the necessary information and paperwork within
twenty-one (21) days, the time set forth in the Order, may result in the case being dismissed. Id. at
1-2. Further, the Order also advised Petitioner of his duty to always keep the Court informed as to
his current address. Id. at 3. The Court’s Order was mailed to the address provided by Petitioner
at the time he commenced this action. ECF No. 7. Petitioner is presumed to have received the Order
as it has not been returned as undeliverable. However, Petitioner has not responded to the Court’s
Order, the time to respond has lapsed, and Petitioner has failed to bring this case into proper form.
Therefore, because Petitioner has failed to prosecute this case and has failed to comply with
the Order of this Court, this case is dismissed without prejudice Pursuant to Rule 41 of the Federal
Rules of Civil Procedure, and the Clerk of Court is ordered to close the file. See Fed. R. Civ. P.
41(b)(district courts may dismiss an action if a Petitioner fails to comply with an 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).
IT IS SO ORDERED.
s/ Henry M. Herlong, Jr.
Senior United States District Judge
June 12, 2024
Greenville, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within the time period set
forth under Rules 3 and 4 of the Federal Rules of Appellate Procedure.
2
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