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Turner v. Wright

United States District Court, D. South Carolina

October 31, 2019

Bradley Turner, # 163641, Plaintiff,
v.
Chuck Wright, Major Freeman, Jane Does and John Does, Defendants.

          REPORT AND RECOMMENDATION

          BRISTOW MARCHANT UNITED STATES MAGISTRATE JUDGE.

         This action has been filed by the Plaintiff, pro se, pursuant to 42 U.S.C. § 1983. Plaintiff alleges violations of his constitutional rights by the named Defendants.

         On October 10, 2019, an Order was mailed to Plaintiff vacating the previous closure of his case. However, Plaintiffs copy of the Court's Order was returned to the Clerk of Court on October 21, 2019, with the envelope being marked “Not here, Return to sender, not deliverable as addressed, unable to forward”. A separate Order filed and mailed to the Plaintiff on October 16, 2019 was also returned to the Clerk on October 30, 2019, with the envelope marked “No longer here, Return to sender, not deliverable as addressed, unable to forward”.

         The Court notes that when Plaintiff filed this action, he 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 October 3, 2018.

         Plaintiff has failed to comply with this order, and as a result neither the Court nor the Defendants have any means of contacting him concerning his case.[1] Therefore, based on the foregoing, and the previous instructions and specific warning given to the Plaintiff in the Court's Order of October 3, 2018, it is recommended that this action be dismissed, with 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.

         The parties are also referred to the Notice Py 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 ...

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