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Vesey v. Jones

United States District Court, D. South Carolina

February 9, 2015

Henry P. Vesey, Plaintiff,
v.
Major Jones, Supt. LCDC; James Metts, Sheriff Lexington County Sheriff's Dept.; and William Miles, MD, LCDC, in individual and official capacities, Defendants

Henry P Vesey, Plaintiff, Pro se, Lexington, SC.

REPORT AND RECOMMENDATION

Bristow Marchant, United States Magistrate Judge.

This action has been filed by the Plaintiff, pro se, pursuant to 42 U.S.C. § 1983. Plaintiff alleges violations of his constitutional rights by the named Defendants.

The docket reflects that an Order was mailed to the Plaintiff on December 29, 2014, which was returned to the Clerk of Court, with the envelope being marked " Return to sender, refused, unable to forward" . Another Order mailed to the Plaintiff on January 16, 2015 was then returned to the Clerk of Court marked " Not deliverable as addressed, unable to forward."

The Court notes that when Plaintiff filed this action, he was specifically instructed as follows:

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 has ended, you must comply with this order by immediately advising the Clerk of Court in writing of such change of address....Your failure to do so will not be excused by the Court. (emphasis added)

See Order filed July 15, 2014.

Plaintiff has failed to comply with this Order, and as a result neither the Court nor the Defendants have any means of contacting him concerning his case.

Based on the foregoing, and the previous instructions and specific warning given to the Plaintiff in the Court's Order of July 15, 2014, it is recommended that this action be dismissed, with prejudice, in accordance with Rule 41(b), Fed.R.Civ.P.

The Clerk shall mail this Report and Recommendation to Plaintiff at his last known address. If the Plaintiff notifies the Court within the time set forth for filing objections to this Report and Recommendation that he wishes to continue with this case and provides a current address, the Clerk is directed to vacate this Report and Recommendation and return this file to the undersigned for further handling. If, however, no objections are filed, the Clerk shall forward this Report and Recommendation to the District Judge for disposition.

The parties are also referred to the Notice Page attached hereto.


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