Brady v. Beaufort County et al

Filing 21

ORDER DISMISSING CASE without prejudice pursuant to Rule 41(b). Signed by Honorable Margaret B. Seymour on 2/14/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Norman T. Brady, and all those similarly
situated,

)
)
)
Plaintiff,
)
)
v.
)
)
Beaufort County South Carolina, Commission )
Beaufort County; State of South Carolina, et
)
al.; Col. Grant, Administrator; Mr. Duffy
)
Stone, Assist Solicitor General; Sheriff Tanner, )
Sheriff Beaufort County,
)
)
Defendants.
)
_____________________________________ )

C/A No. 0:16-3518-MBS-PJG

ORDER

On October 26, 2016, Plaintiff Norman T. Brady, a pro se pretrial detainee at the Beaufort
County Detention Center, in Beaufort, South Carolina, filed this civil rights action pursuant to 42
U.S.C. § 1983. By order dated November 9, 2016, Plaintiff was directed to bring the case into
proper form by (1) submitting a filing fee or appropriate application to proceed in forma pauperis;
(2) completing summons forms for each Defendant; (3) completing Forms USM-285 for each
Defendant; and (4) completing and signing a standard complaint form. Plaintiff was warned that
failure to inform the court of address changes could result in his case being dismissed for violating
the order. See Fed. R. Civ. P. 41(b).
On November 28, 2016, Plaintiff filed an amended complaint; motion for leave to proceed
in forma pauperis; a form summons addressed to “Beaufort County South Carolina et al.”; and Forms
USM-285 for “Beaufort County South Carolina,” listing the Jail and Sheriff’s Office. On December
22, 2016, a second proper form order directed Plaintiff to (1) complete the summons to include the
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names of each Defendant, and (2) complete and return a separate Form USM-285 for each
Defendant. On January 1, 2016, the envelope containing Plaintiff’s copy of the second proper form
order was returned to the Clerk of Court stamped “Return to Sender: Inmate Released.” (ECF No.
18.)
Plaintiff has not provided the court with a new address, as required. It appears Plaintiff may
have abandoned the within action. Accordingly, the case is dismissed, without prejudice, pursuant
to Rule 41(b).
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
February 14, 2017

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within the time period
set forth under Rules 3 and 4 of the Federal Rules of Appellate Procedure

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