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Simmons v. Stirling

United States District Court, D. South Carolina

April 9, 2015

Darren Simmons, # 182509, Plaintiff,
v.
Byran P. Stirling, Agency Director; John B. McRee, MD, Medical Director; John T. Beard, MD, FACC; Robert A. Schulze, Jr., MD, FACC; RN Ms. Williamson, each sued in their individual and official capacity; Ms. Ofc. N. Chavis; Ms. RN Gwen Stokes; RN Ms. Fulton; Ms. Washington; Ms. Nelson; Ms. Smith Robinson; Ms. Ofc. T. Jackson; Ms. Graves; Mr. Kenneth Dubose; Mr. Jimmy Sligh; LPN Ms. Dixion; Ms. Boykins; Ofc. Ms. Thompson; Ms. Rosa Lee Privitte, FACC; MD Isabelle; Verne M. Prosser FACC, MD; MD George; Angela Hardin; Ms. Sgt. Flemings; Sgt. Ms. Williams; Lt. Ms. Simon; Ms. Ofc. Lewis, Defendants.

ORDER

RICHARD M. GERGEL, District Judge.

This case is before the Court because of Plaintiff's failure to comply with the magistrate judge's Order of March 20, 2015. ECF No. 9.

A review of the record indicates that the magistrate judge ordered Plaintiff to submit items needed to render this case into proper form within twenty-one days, and specifically informed Plaintiff that if he failed to do so, this case would be dismissed without prejudice. The Court has not received any response from Plaintiff and the time for his compliance has passed.

The mail in which the Order was sent to Plaintiff at the address provided when the case was filed was returned to the court marked "no longer at this address" and with the word "Paroled" written on the envelope. ECF No. 15. Thus, it appears that Plaintiff is no longer at the address he provided when this case was open, that he left no forwarding address at that location, and that he neglected to provide this Court with a current address.

Plaintiff's failure to provide this Court with a current address when he left the location from which his Complaint was submitted indicates an intent to not continue prosecuting this case, and subjects this case to dismissal. See Fed.R.Civ.P. 41(b) (district courts may dismiss an action if a Plaintiff fails to comply with "any order of the court."); see also Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982) (court may dismiss sua sponte ).

Accordingly, this case is dismissed without prejudice. The Clerk of Court shall close the file.[1]

IT IS SO ORDERED.


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