United States District Court, D. South Carolina, Florence Division
REPORT AND RECOMMENDATION
E. ROGERS, III UNITED STATES MAGISTRATE JUDGE.
Petitioner, Dennis Robert Brady (“Petitioner/
Brady”), appearing pro se, filed this petition
for writ of habeas corpus pursuant to 28 U.S.C. §
on April 4, 2019. On May 30, 2019, the Respondent filed a
motion to dismiss along with a return and memorandum. (ECF
Nos. 12 and 13). The undersigned issued an order filed May
30, 2019, pursuant to Roseboro v. Garrison, 528 F.2d
309 (4th Cir.1975), advising the Petitioner of the motion and
the possible consequences if he failed to respond adequately.
(ECF No. 14). Petitioner failed to file a response.
complaint may be dismissed pursuant to Rule 41(b) of the
Federal Rules of Civil Procedure for failure to prosecute
and/or failure to comply with orders of the court.
Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989),
cert. denied, 493 U.S. 1084 (1990), and Chandler
Leasing Corp. v. Lopez, 669 F.2d 919 (4th Cir. 1982). In
considering whether to dismiss an action pursuant to Rule
41(b), the court is required to consider four factors:
(1) the degree of plaintiff's responsibility in failing
(2) the amount of prejudice to the defendant;
(3) the history of the plaintiff in proceeding in a dilatory
(4) the existence of less drastic sanctions other than
Davis v. Williams, 588 F.2d 69 (4th Cir. 1978).
present case, the Petitioner is proceeding pro se so
he is entirely responsible for his actions. It is solely
through Petitioner's neglect, and not that of an
attorney, that no responses have been filed. Petitioner has
not responded to Respondent's Motion to Dismiss or the
court's order requiring him to respond. No. other
reasonable sanctions are available. Accordingly, it is
recommended that this action be dismissed pursuant to Fed. R.
Civ. Proc. 41(b).
alternative, the Motion to Dismiss will be addressed below.
AND FACTUAL BACKGROUND
is currently incarcerated at the Federal Correctional
Institution Edgefield, South Carolina (FCI Edgefield). Brady
filed this petition seeking relief pursuant to 28 U.S.C.
§ 2241. Specifically, he filed this action challenging
an administrative disciplinary action he received while
incarcerated at FCI Edgefield. Brady filed the petition
identifying the incident report number as 3167060 and arguing
that the finding of guilt was erroneous. In the petition,
Brady seeks to have the court “. . . compel the Bureau
of Prisons expunge the incident report and the disciplinary
hearing findings from my prison record; including the
restoration of any and all good time credit days (41 days),
and order that my custody points be re-scored that I may
progress through the BOP system on schedule. I would also
like to be returned to the facility I was in (Fort
Dix).” (ECF No. 1).
Motion to Dismiss, Respondent argues that this petition must
be dismissed as it is moot because the disciplinary action
has been expunged by the Bureau of Prisons and
Petitioner's good conduct time ...