Whitefield v. Brown et al

Filing 39

ORDER granting 38 Motion for Reconsideration. Signed by Honorable Timothy M Cain on 10/31/2011.(jpet, )

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1IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION William Whitefield, ) ) Plaintiff, ) ) v. ) ) ) Case Manager Mrs. L. Brown; ) Warden D. Drew; ) BOP, ) Defendants. ) ____________________________________ C/A No. 0:10–2730-TMC ORDER William Whitefield (“Plaintiff”), a federal prisoner proceeding pro se, filed this action pursuant to Bidens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Magistrate Judge’s Report and Recommendation, filed on April 18, 2011, recommended that this case be dismissed without prejudice and without issuance and service of process. (Dkt. # 29). No objections were file and the court adopted the Report on October 19, 2011. (Dkt. # 34). The case was subsequently closed. Plaintiff has now filed a Motion to Reconsider contending he never received the Report and Recommendation. (Dkt. # 38). Plaintiff’s Motion to Reconsider (Dkt. # 38) is GRANTED. It is Ordered that the above civil action be REOPENED and the Clerk’s Office is to mail Plaintiff a copy of the Report and Recommendation and the Objection Notice (Dkt. # 29) and Plaintiff shall have fourteen days from the date of service of the Report and Recommendation to file any objections to it. IT IS SO ORDERED. s/Timothy M. Cain United States District Judge Greenville, South Carolina October 31, 2011

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