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Deas v. McCabe, 5:19-830-BHH-KDW. (2019)

Court: District Court, D. South Carolina Number: infdco20190829c27 Visitors: 9
Filed: Aug. 05, 2019
Latest Update: Aug. 05, 2019
Summary: REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . Richard Deas ("Plaintiff"), proceeding pro se, filed this action while being detained at the Kershaw Correctional Institution. On March 22, 2019, the court directed Plaintiff to provide the service documents necessary to advance his case. ECF No. 10. Plaintiff responded, but he did not properly complete service documents for all Defendants named in this case. On April 8, 2019, the court directed Plaintiff to provide the service
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REPORT AND RECOMMENDATION

Richard Deas ("Plaintiff"), proceeding pro se, filed this action while being detained at the Kershaw Correctional Institution. On March 22, 2019, the court directed Plaintiff to provide the service documents necessary to advance his case. ECF No. 10. Plaintiff responded, but he did not properly complete service documents for all Defendants named in this case. On April 8, 2019, the court directed Plaintiff to provide the service documents necessary to advance his case. ECF No. 16. Plaintiff partially responded to the court's order; however, he failed to properly complete his service documents. On April 16, 2019, the court directed Plaintiff to provide the service documents necessary to advance his case. ECF No. 24. On May 1, 2019 the court issued an order authorizing the United States Marshal to serve process upon Defendants. ECF No. 30. On June 11, 2019, the service documents were returned to the court unexecuted for Defendants Bragg, Rhinehard, Gadsden, and Ezil with the notations that "SCDC OGC cannot accept — could not find defendant." ECF Nos. 44, 45, 47, 48. Service documentation was also returned for Defendant Brown unexecuted with the notation "SCDC OGC cannot accept more than one defendant." ECF No. 46. By order issued on June 12, 2019, the court instructed Plaintiff that under Federal Rule of Civil Procedure 4(m) that this court must dismiss an action against a defendant who was not served within requisite the 90-day period. ECF No. 49. Plaintiff was directed to provide updated service documents for Defendants Bragg, Rhinehard, Gadsden, Ezil, and Brown. Id. Plaintiff partially responded to the June 12 order, but Plaintiff did not properly complete the requested service documents. On July 2, 2019, the court issued another order directing Plaintiff to provide updated service documents for Defendants Bragg, Rhinehard, Gadsden, Ezil, and Brown. ECF No. 57. Plaintiff was again advised that under Federal Rule of Civil Procedure 4(m) this court must dismiss an action against a defendant who was not served within requisite the 90-day period. Id. Plaintiff did not file a response. Because more than 90 days has passed since the filing of Plaintiff's Complaint, and Plaintiff has not provided the Clerk of Court with a valid service documents, the undersigned recommends that Defendants Bragg, Rhinehard, Gadsden, Ezil, and Brown be dismissed from this action without prejudice.

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:

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).

Source:  Leagle

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