Opinion
C/A No.: 1:19-1970-HMH-SVH
09-30-2019
Tijah M. Clarkson, # 48256, Plaintiff, v. Officer Williams, Defendant.
REPORT AND RECOMMENDATION
Tijah M. Clarkson ("Plaintiff"), proceeding pro se, filed this action on July 15, 2019. [ECF No. 1]. The undersigned issued a proper form order and an order and notice on July 19, 2019, and a second proper form order on August 12, 2019. [ECF Nos. 4, 5, 15]. On August 27, 2019, the undersigned issued an order authorizing service as to Defendant. [ECF No. 20]. The summons was returned unexecuted as "need[ing] more identifiers" on September 16, 2019. [ECF No. 26]. The same day, the undersigned issued and the Clerk of Court mailed an order permitting Plaintiff until October 7, 2019, to complete and return to the Clerk of Court a new summons and Form USM-285 for Defendant. [ECF Nos. 31, 32]. The order was returned to the court on September 27, 2019. [ECF No. 33]. The returned envelope states "NOT HERE." Id. Plaintiff has failed to keep the court apprised of his address, and as a result, the court has no means of contacting him concerning his case.
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, provides a current address, and complies with the court's September 16, 2019 order, 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. September 30, 2019
Columbia, South Carolina
/s/
Shiva V. Hodges
United States Magistrate Judge
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).