Opinion
C. A. 23-779-SAL-SVH
03-25-2024
Gary Wayne Carter, Plaintiff, v. John Brad Whitesides; Capt. Eric Jaillette; Lancaster Sheriff's Department, Defendants.
REPORT AND RECOMMENDATION
Shiva V. Hodges United States Magistrate Judge
Gary Wayne Carter (“Plaintiff”), proceeding pro se, filed this action on February 27, 2023. [ECF No. 1]. On October 30, 2023, the Honorable Sherri A. Lydon, United States District Judge, ordered this matter stayed pending resolution of Plaintiff's criminal charges. [ECF No. 28]. Judge Lydon directed Plaintiff to apprise the court of the status of his criminal proceedings every six months and to notify the court when the criminal charges are resolved and the stay can be lifted. Id.
On March 3, 2024, Judge Lydon's order was returned in the mail to the Clerk of Court. On March 7, 2024, the undersigned issued a text order noting the mail was returned and stating “There is no explanation as to why the mail was not returned for over four months. Out of an abundance of caution, the Clerk of Court is directed to mail the order again to Plaintiff's address of record.” [ECF No. 32]. On March 21, 2024, the undersigned's order was again returned as undeliverable. [ECF No. 34]. The envelope states “Return to sender, Not deliverable as addressed, Unable to forward.” It also has handwriting stating “Not Here” and “RTS.” [ECF No. 34-1].
Based on the foregoing, it is recommended that this action be dismissed with prejudice, 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 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.
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, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).