Opinion
C. A. 7:23-1257-MGL-KDW
05-03-2023
Edward Drummond, also known as Edward Drummond, #247635, also known as Edward Drummond, #367456, also known as Edward Terrick Drummond, #18-02454, Plaintiff, v. Deputy Cole N; Deputy Dudric R; Deputy Mironen K; and K-9 Unit Boss Moore, Defendants.
REPORT AND RECOMMENDATION
Kaymani D. West, United States Magistrate Judge
Edward Drummond (“Plaintiff”), proceeding pro se, filed this action while he was detained at the Spartanburg County Detention Center. On April 4, 2023, the court directed Plaintiff to pay the filing fee or file a motion to proceed in forma pauperis, and to provide service documents for his case. ECF No. 9. The April 4 order was returned to the court on April 18, 2023, as undeliverable with the notation “Return to Sender, Not Deliverable as Addressed, Unable to Forward, Not Here.” ECF No. 12. It does not appear Plaintiff is still in the custody of the Spartanburg County Detention Center and a South Carolina Department of Corrections (“SCDC”) incarcerated inmate search reveals Plaintiff is not incarcerated in SCDC.
https://public.doc.state.sc.us/scdc-public/ (last visited May 3, 2023).
Based on the foregoing, the undersigned recommends this action be dismissed without prejudice in accordance with Fed.R.Civ.P. 41(b). The Clerk of Court 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.
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 Post Office Box 2317 Florence, South Carolina 29503
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).