Glenn v. Chivas et al

Filing 17

ORDER adopting 14 Report and Recommendation and dismissing case without prejudice for failure to prosecute pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Cameron McGowan Currie on 1/11/2018. (mwal)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Andres L. Glenn, Civil Action No. 1:17-cv-2819-CMC Plaintiff, vs. ORDER Daren Chivas, James Mahammad, Deberh Porkwine, Social Worker, Dwaya Burge, Marcus Reeves, Majic Johnson, Lesley Jacubs, Corey Augestine, Hayward SeLinda, Danza Mirs, Glades Perry, Rivers Canto, and Goodentwo Myra, Defendants. Andres L. Glenn (“Plaintiff”), proceeding pro se, filed this action alleging violations of his civil rights. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2), D.S.C., this matter was referred to United States Magistrate Judge Shiva V. Hodges for pre-trial proceedings. On October 25, 2017, the court ordered Plaintiff to complete a complaint, service documents, and filing fee paperwork necessary to advance his case. ECF No. 5. Plaintiff was warned that the failure to provide the necessary information within a specific time period may subject the case to dismissal. Id. Plaintiff did not file a response. The court issued a second order on November 21, 2017, again directing Plaintiff to complete a complaint, pay the filing fee or complete the enclosed Form AO 240 and to provide the service documents necessary to advance his case. ECF No. 9. Plaintiff was again warned that the failure to provide the necessary information within a specific time period may subject the case to dismissal. Id. The time for response expired on December 12, 2017, and Plaintiff did not file a response. On December 21, 2017, the Magistrate Judge filed a Report and Recommendation, recommending the Complaint be dismissed without prejudice for failure to prosecute. ECF No. 14. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff was to file objections by January 7, 2018, and has failed to do so. After considering the record, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the Report’s recommendation the matter be dismissed for failure to prosecute. Accordingly, the court adopts the Report by reference in this Order. As Plaintiff has failed to prosecute this case and has failed to comply with an order of this court, the case is dismissed without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co., 370 U.S. 626 (1962). IT IS SO ORDERED. s/Cameron McGowan Currie CAMERON MCGOWAN CURRIE Senior United States District Judge Columbia, South Carolina January 11, 2018 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?