Johnson v. Sterling et al
ORDER adopting the 45 Report and Recommendation as the order of the Court and dismissing the case for failure to prosecute. Signed by Honorable Richard M. Gergel on 12/19/2016. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Carl Dante Johnson,
Director Bryan P. Sterling and Corporal
Civil Action No. 1:15cv4942
This matter is before the Court upon the Magistrate Judge's recommendation that the Court
dismiss Plaintiffs action for failure to prosecute. (Dkt. No. 45). On September 27, 2016, the
Magistrate Judge issued an order directing Plaintiff to advise the Court whether he wished to
continue with this case. (Dkt. No. 43). After receiving no response, the Magistrate Judge issued
a Report and Recommendation (R & R) recommending that the case be dismissed for failure to
prosecute. (Dkt No. 45). Subsequently, the September 27 Order and the R & R that were sent to
Plaintiff were returned as undeliverable. (Dkt. Nos. 48, 49).
On December 18,2015, the Magistrate Judge issued a Proper Form Order that, among other
things, ordered Plaintiff to advise the Clerk of Court of any address changes and warned that failure
to comply with this order may result in the dismissal of his case. (Dkt. No.7 at 3). Because
Plaintiff has failed to update the Clerk of Court with his changed address and has otherwise failed
to timely respond to both the September 27 Order and the R & R, the Court ADOPTS the R & R
as the order of the Court and dismisses the case for failure to prosecute. See Davis v. Williams,
588 F.2d 69,70 (4th Cir. 1978); Fed. R. Civ. P. 41(b).
AND IT IS SO ORDERED.
Richard Mark ergel
United States District Court Judge
December J 2016
Charleston, South Carolina
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