Opinion
C/A No.: 5:18-cv-00202-CMC-KDW
05-06-2019
Perry Drake Gilmore, Plaintiff, v. Lieutenant Grealin Frasier, et al., Defendants.
REPORT AND RECOMMENDATION
Perry Drake Gilmore ("Plaintiff"), proceeding pro se, filed this action alleging violations of his civil rights. All pretrial proceedings in this case were referred to the undersigned pursuant to the provisions of 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2)(d) (D.S.C.). On April 23, 2019, the undersigned issued a Report and Recommendation recommending that the case against Defendants Gilyard, Jenkins, Atchley, Robinson, and Hamilton be dismissed without prejudice under Fed. R. Civ. P. 41. ECF No. 157. The Clerk of Court placed the Report and Recommendation in the mail to Plaintiff on the same day. ECF No. 158. On May 3, 2019, the order was returned to the Clerk's office with the envelope marked "Return to Sender," "Not Deliverable as Addressed," and "Unable to Forward." ECF No. 161. It does not appear Plaintiff is still in the custody of the South Carolina Department of Corrections ("SCDC"). See ECF No. 140.
Plaintiff was previously ordered to keep the court apprised of any change in his address:
You are ordered to always keep the Clerk of Court advised in writing (Post Office Box 2317, Florence, South Carolina 29503) 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 is ended, you must comply with this order by immediately advising the Clerk of Court in writing of such change of address and providing the court with the docket number
of all pending cases you have filed with this court. Your failure to do so will not be excused by the court.ECF No. 9 at 2. Plaintiff has not notified the court of any change of address. Plaintiff has failed to comply with the court's order, and as a result, neither the court nor Defendants have any means of contacting him concerning his case.
Based on the foregoing, it is recommended that this action be dismissed 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 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. May 6, 2019
Florence, South Carolina
/s/
Kaymani D. West
United States Magistrate Judge