United States District Court, D. South Carolina
Johnny S. Valentine, II, 339124, Plaintiff,
v.
Cpt. Marvin Nix; Lt. Kristy Leopard; Nurse Dolly Carver; and Rick Clarck, Defendants.
REPORT AND RECOMMENDATION
SHIVA
V. HODGES UNITED STATES MAGISTRATE JUDGE
Johnny
S. Valentine, II (“Plaintiff”), proceeding pro
se, filed this action alleging violations of his civil
rights. 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.). On
January 14, 2019, the undersigned issued an order denying
Defendant Carver's motion to quash in this case, and the
Clerk of Court placed it in the mail to Plaintiff on the same
day. [ECF Nos. 29, 31]. On January 24, 2019, the order was
returned to the Clerk's office with the envelope marked
“Return to Sender, ” “Unclaimed, ”
and “Unable to Forward.” [ECF No. 32]. It does
not appear Plaintiff is still in the custody of the South
Carolina Department of Corrections
(“SCDC”).[1]
Plaintiff
was previously ordered to keep the court apprised of any
change in his 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. 13]. 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 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 the 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.
The
parties are directed to note the important information in the
attached “Notice of Right to File Objections to Report
and Recommendation.”
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 901
Richland Street Columbia, South Carolina 29201
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, 7 ...