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Slocumb v. Wood

United States District Court, D. South Carolina

May 1, 2018

Conrad L. Slocumb, # 197165, Plaintiff,
v.
Dr. Beverly Wood, Dr. Marcia Garcia, Dr. NFN Parker, Dr. NFN Prest, Nurse NFN Mullins, Nurse Roseyln Boatwright, Nurse Roseanne Mack, Ladford Fate, Annie Rumler, Dr. NFN McRee, Warden Tim Riley, Wayne McCade, Michael McCall, SCDC Driector NFN Stirling, Sgt. NFN Watson, Sgt. NFN Gathers, A. W. NFN Thompson, Officer Spigner, Major Vaghn Jackson, NFN Marshal, John Doe, Dr. T. White, and Nurse NFN Higgins, Defendants.

          REPORT AND RECOMMENDATION

          Bristow Marchant, United States Magistrate Judge

         The pro se Plaintiff brought this action seeking relief pursuant to Title 42, United States Code, Section 1983. On March 7, 2018, the Defendant White filed a motion for summary judgment, and on March 10, 2018 the Defendants Boatwright, Fate, Garcia, Gathers, Higgins, Jackson, Marshal, McCade, McCall, McRee, Mullins, Riley, Rumler, Spigner, Stirling, Thompson, Watson, and Wood filed a motion for summary judgment.[1] As the Plaintiff is proceeding pro se, Roseboro Orders were entered by the Court on March 9, 2018 and March 12, 2018, advising Plaintiff of the importance of a dispositive motion and of the need for him to file an adequate response. Plaintiff was specifically advised that if he failed to file a properly supported response, the Defendant's motion may be granted, thereby ending his case. However, notwithstanding the specific warning and instructions as set forth in the Court's Roseboro order, the Plaintiff has failed to respond to the motion, or to contact the Court in any way.[2]

         Based on the foregoing, the undersigned finds that Plaintiff meets all of the criteria for dismissal under Chandler Leasing Corp. . Lopez, 669 F.2d 919 (4th Cir. 1982).[3] Accordingly, it is recommended that this action be dismissed for lack of prosecution. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); 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 response to the motions for summary judgment, 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. Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989), cert denied sub nom, Ballard v. Volunteers of America, 493 U.S. 1084 (1990) [Magistrate Judge's prior explicit warning that a recommendation of dismissal would result from plaintiff failing to obey his order was proper grounds for the district court to dismiss suit when plaintiff did not comply despite warning].[4]

         The parties are referred to the Notice Page attached hereto.

         Notice of Right to File Objections to Report and Recommendation

         The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note).

         Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:

Robin L. Blume, Clerk United States District Court Post Office Box 835 Charleston, South Carolina 29402

         Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).

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Notes:

[1]The Defendants Parker, Prest and Mack have never been served with process. See Orders (Court Docket Nos. 29 and 40).

[2]It is noted that Plaintiff is also a frequent filer of litigation in this Court and is therefore familiar with court procedures and filing requirements. Aloe Creme Laboratories, Inc. v. Francine Co., 425 F.2d 1295, 1296 (5th Cir. 1970)[a federal court may take judicial notice of the contents of its own records].

[3] He is personally responsible for proceeding in a dilatory fashion, the Defendants are suffering prejudice due to having to expend time and resources on a case in which the Plaintiff is unresponsive, and no sanctions other than dismissal appear to exist as the Plaintiff is indigent (and therefore not subject to monetary sanctions) and he has otherwise failed to respond to ...


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