Whitefield v. Brown et al

Filing 39

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

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