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WOODRUFF v. BYARS, 5:12-344-RMG-KDW. (2012)

Court: District Court, D. South Carolina Number: infdco20120712c97 Visitors: 3
Filed: Jun. 19, 2012
Latest Update: Jun. 19, 2012
Summary: REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE KAYMANI D. WEST, District Judge. Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging violations of his constitutional rights pursuant to 42 U.S.C. 1983. Defendants filed a motion to dismiss on April 19, 2012. ECF No. 33. As Plaintiff is proceeding pro se, the court entered an order on April 19, 2012, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of a motion to dismi
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REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

KAYMANI D. WEST, District Judge.

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging violations of his constitutional rights pursuant to 42 U.S.C. § 1983. Defendants filed a motion to dismiss on April 19, 2012. ECF No. 33. As Plaintiff is proceeding pro se, the court entered an order on April 19, 2012, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of a motion to dismiss and of the need for him to file an adequate response. ECF No. 35. Plaintiff was informed that his response was due by May 24, 2012, and was specifically advised that if he failed to respond adequately, Defendants' motion may be granted, thereby ending this case.

On June 1, 2012, the court ordered Plaintiff to advise whether he wished to continue with the case by June 14, 2012. ECF No. 42. Plaintiff has filed no response. As such, it appears to the court that he does not oppose the motion and wishes to abandon this action. Based on the foregoing, the undersigned recommends this action be dismissed with prejudice for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b).

IT IS SO RECOMMENDED.

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:

Larry W. Propes, 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).

Source:  Leagle

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