United States District Court, D. South Carolina
REPORT AND RECOMMENDATION
V. HODGES UNITED STATES MAGISTRATE JUDGE.
Wiggins (“Plaintiff”), proceeding pro se, filed
this action alleging violations of his civil rights. Pursuant
to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local
Civ. Rule 73.02(B)(2)(d) (D.S.C.), the undersigned is
authorized to review such complaints for relief and submit
findings and recommendations to the district judge. For the
reasons that follow, the undersigned recommends the district
judge dismiss the complaint without prejudice and without
issuance and service of process.
January 2, 2019, the court ordered Plaintiff to complete a
standard complaint form and to complete the documents
necessary to advance his case by January 23, 2019. [ECF No.
5]. Plaintiff was warned that the failure to comply with the
court's order would subject the case to dismissal.
Id. Plaintiff did not file a response. The court
issued a second order on January 29, 2019, again directing
Plaintiff to complete a standard complaint form and complete
the service documents necessary to advance his case by
February 19, 2019.
No. 10]. Plaintiff was again warned that failure to comply
with the court's order would subject the case to
February 13, 2019, Plaintiff notified the court of his new
address and requested an extension to respond to the
court's proper form order. [ECF No. 12]. The court
granted Plaintiff until March 6, 2019, to file a response to
the court's proper form order. [ECF No. 13]. The clerk of
court was also instructed to mail to Plaintiff a copy of the
court's January 29, 2019 order and accompanying materials
to his new address. Id. Plaintiff did not file a
response to the court's order, but instead filed a letter
on March 8, 2019, indicating he would like to exhaust his
state remedies before proceeding with this action. [ECF No.
16]. Specifically, Plaintiff wrote:
Please be advised that I have been ordered to bring the case
in proper form by March 6, 2019. Since the case is not in
proper form I would like to follow the proper procedure and
exhaust all state remedies before proceeding. Furthermore,
please be advised I wasn't aware this was a federal court
and apol[gize] if I haven't followed procedure.
Id. Based on Plaintiff's request, the
undersigned recommends the court dismiss this action without
it is well-established that a district court has authority to
dismiss a case for failure to prosecute. “The authority
of a court to dismiss sua sponte for lack of prosecution has
generally been considered an ‘inherent power,'
governed not by rule or statute but by the control
necessarily vested in courts to manage their own affairs so
as to achieve the orderly and expeditious disposition of
cases.” See Link v. Wabash R.R. Co., 370 U.S.
626, 630-31 (1962). In addition to its inherent authority,
this court may also sua sponte dismiss a case for lack of
prosecution under Fed.R.Civ.P. 41(b). Id. at 630.
Based on Plaintiffs failure to bring this case into proper
form, the undersigned recommends this case be dismissed
without prejudice for failure to prosecute pursuant to
parties are directed to note the important information in the
attached “Notice of Right to File Objections to Report
of Right to File Objections to Report and
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
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