Opinion
C/A No. 0:05-0525-CMC-BM.
April 21, 2006
REPORT AND RECOMMENDATION
This action was filed by the Plaintiff, pro se, pursuant to 42 U.S.C. § 1983. Plaintiff, who at the time this action was filed was an inmate at the Sumter Lee Regional Detention Center, alleges violations of his constitutional rights.
The Defendants Noonan, Sumter Lee Regional Detention Center, and Major filed a motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P., on January 26, 2006. As the Plaintiff is proceeding pro se, a Roseboro order was entered by the Court on January 30, 2006, advising Plaintiff of the importance of a motion for summary judgment and of the need for him to file an adequate response. Plaintiff was specifically advised that if he failed to respond adequately, the Defendants' motion may be granted. However, the copy of the Roseboro order addressed to the Plaintiff was subsequently returned to the Court as undeliverable.
On February 21, 2006, the Defendant Whittaker also filed a motion for summary judgment, following which a second Roseboro order was entered. The copy of that Roseboro order addressed to the Plaintiff was also returned, bearing the notation "return to sender — refused — unable to forward".
Finally, a motion to dismiss was filed by the Defendant Joe on March 6, 2006 together with a motion to intervene, quash service, and dismiss by the Defendant "Medical Staff". A Roseboro order was again entered by the Court and was mailed to the Plaintiff at his last known address on March 10, 2006. While that document has not as yet been returned, no response from the Plaintiff has been filed with regard to the Defendant Joe's and the Defendant "Medical Staff's" motions, nor has any response been filed by the Plaintiff to either of the dispositive motions filed by the other Defendants.
Discussion
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 file something you are required to file within a deadline set by a District Judge or a Magistrate Judge, 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 March 4, 2005.
Plaintiff has apparently failed to comply with this order since his mail is being returned, and as a result the Court has no means of contacting him concerning his case.
Based on the foregoing, and the previous instructions and specific warning given to the Plaintiff in the Court's order of March 4, 2005, it is recommended that this action be dismissed, with prejudice, in accordance with Rule 41(b), Fed.R.Civ.P., subject to the instructions hereinbelow. The Clerk is directed to send this Report and Recommendation to Plaintiff at his last known address, as well as to the Plaintiff c/o the Watkins Pre-Release Center, 1700 St. Andrews Terrace, Columbia, South Carolina 29210.
Although this address has not been provided to the Court by the Plaintiff, filings from one of the defense counsel indicate that Plaintiff may now be at this facility.
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 Page attached hereto.