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Witherspoon v. Tucker

United States District Court, D. South Carolina

July 13, 2015

Jarode J. Witherspoon, Plaintiff,
v.
Captain B. J. Tucker, Sgt. Jack Ervin, Ofc. Mr. Jet, Tim riley, Lt. Copeland, V. P. Hooks, SCDC Headquarters, Dr. Russell, Robert E. Ward, PREA Committee, and Correctional Officers, Defendants.

REPORT AND RECOMMENDATION

BRISTOW MARCHANT, Magistrate Judge.

This action has been filed by the Plaintiff, pro se, pursuant to 42 U.S.C. ยง 1983. Plaintiff, who at the time he filed this case was an inmate at the Tyger River Correctional Institution, alleges violations of his constitutional rights by the named Defendants.

On June 24, 2015, a Proper Form Order was mailed to Plaintiff, in which Plaintiff 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 June 24, 2015.

However, Plaintiff's copy of the Court's Order was returned to the Clerk of Court on July 9, 2015, with the envelope being marked "Return to sender, attempted - not known, unable to forward". As a result neither the Court nor the Defendants have any means of contacting him concerning his case. Based on the foregoing, it is recommended that this action be dismissed, without 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.


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