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Frazier v. Baldwin

United States District Court, D. South Carolina

June 11, 2015

Shelton Jamal Frazier, Plaintiff,
v.
Breon Baldwin, Nurse Candace, and Major Vandon, Defendants.

REPORT AND RECOMMENDATION

SHIVA V. HODGES, Magistrate Judge.

Plaintiff, proceeding pro se and in forma pauperis, alleges violations of his constitutional rights pursuant to 42 U.S.C. § 1983. Before the court are motions for summary judgment filed on May 21, 2015, by Nurse Candace [ECF No. 23] and Breon Baldwin and Major Vandon [ECF No. 24] (all defendants collectively referred to as "Defendants"). All pretrial proceedings in this case were referred to the undersigned pursuant to the provisions of 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2)(d) (D.S.C.). Because they are dispositive motions, this report and recommendation is entered for review by the district judge.

As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on May 22, 2015, advising him of the importance of a motion for summary judgment and of the need for him to file adequate responses. [ECF No. 25]. The Roseboro order was returned as undeliverable to the Clerk of Court's office via the United States Postal Service on June 10, 2015, with a notation on the envelope that Plaintiff was "no longer here." [ECF No. 29]. Plaintiff was previously directed by order of this court to keep the court apprised of any change in address:

You are ordered to always keep the Clerk of Court advised in writing (United States District Court, 901 Richland Street, Columbia, South Carolina 29201) 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. 7] (emphasis in original). Plaintiff has not notified the court of any change of address. Plaintiff has failed to comply with the court's order, and as a result, neither the court nor Defendants have any means of contacting him concerning his case.

Based on the foregoing, it is recommended that this action be dismissed with prejudice, in accordance with Fed.R.Civ.P. 41(b). The Clerk is directed to send this Report and Recommendation to Plaintiff at his last known address. If Plaintiff notifies the court within the time set 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.

IT IS SO RECOMMENDED.


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