Opinion
CIVIL ACTION NO. 9:19-2421-HMH-BM
02-25-2020
Edward Tyler, # 318077, Petitioner, v. Warden Williams, Respondent.
REPORT AND RECOMMENDATION
This action has been filed by the Petitioner, pro se, pursuant to 28 U.S.C. § 2254. Petitioner seeks habeas relief.
On January 16, 2020, an Order was mailed to Petitioner. However, Petitioner's copy of the Court's Order was returned to the Clerk of Court on February 24, 2020, with the envelope being marked "Return to sender, unclaimed, unable to forward". The Court notes that when Petitioner 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 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 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 September 25, 2019. Petitioner has failed to comply with this order, and as a result neither the Court nor the Respondent have been provided with Petitioner's current contact information.
Based on the foregoing, and the previous instructions and specific warning given to the Petitioner in the Court's Order of September 25, 2020, it is recommended that this action be dismissed, without prejudice, in accordance with Rule 41(b), Fed.R.Civ.P. The Clerk shall mail this Report and Recommendation to Petitioner at his last known address. If the Petitioner 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.
A check of the SCDC website indicates that Petitioner may have been transferred to the Turbeville Correctional Institution. The Order that was returned shows that it was forwarded to Turbeville, as is shown by the mailroom receipt stamp, but was nonetheless (apparently) not claimed. Even so, out of an abundance of caution, the Clerk shall also mail a copy of this Report and Recommendation to that Institution, addressed to the Petitioner.
The parties are also referred to the Notice Page attached hereto.
/s/_________
Bristow Marchant
United States Magistrate Judge February 25, 2020
Charleston, South Carolina
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 835
Charleston, South Carolina 29402
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).