Hopkins v. 10 Unknown Agents
Hopkins v. 10 Unknown Agents
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION
Antwan Hopkins, ) Civil Action No.: 3:21-cv-00047-JMC ) Plaintiff, ) ) v. ) ORDER ) 10 Unknown Agents et al; Craig ) Janokowski, F.B.I. Agent; Other Unknown ) Agents, ) ) Defendants. ) ____________________________________) Plaintiff Antwan Hopkins, a pro se1 federal pretrial detainee, initiated this civil rights action pursuant to
42 U.S.C. § 1983against Defendants 10 Unknown Agents et al; Craig Janokowski, F.B.I. Agent; and Other Unknown Agents (collectively “Defendants”), alleging violations of his constitutional rights as protected by the Fourth and Fourteenth Amendments to the United States Constitution. (See ECF No. 1.) By Order issued March 9, 2021, the court provided Plaintiff with an opportunity to submit the documents necessary to bring the case into proper form for evaluation and possible service of process. (See ECF No. 7.) Plaintiff was warned that failure to provide the necessary information within a specific time period would subject the case to dismissal. (Id. at 1.) Plaintiff did not respond to the Order and the time for response has lapsed. Plaintiff has failed to prosecute this case and has failed to comply with an Order of this court. Therefore, the case is dismissed without
1 “Because he is a pro se litigant, Plaintiff’s pleadings are construed liberally by the court and held to a less stringent standard than attorneys’ formal pleadings.” Simpson v. Florence Cty. Complex Solicitor’s Office, Civil Action No.: 4:19-cv-03095-JMC,
2019 WL 7288801, at *2 (D.S.C. Dec. 30, 2019) (citing Erickson v. Pardus,
551 U.S. 89, 94(2007) (per curiam)). “This, however, ‘does not transform the court into an advocate’ for Plaintiff; the court is not required to recognize Plaintiff’s claims if there is clearly no factual basis supporting them.”
Id.(quoting Weller v. Dep't of Soc. Servs.,
901 F.2d 387, 391 (4th Cir. 1990)). prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co.,
370 U.S. 626, 630-31(1962) (“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.” (citations omitted)). IT IS SO ORDERED. t i MWechalle. Chiko) United States District Judge June 2, 2021 Columbia, South Carolina
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