Riley v. Pope et al

Filing 16

ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing the complaint with prejudice for failure to prosecute pursuant to FRCP 41(b), for 13 Report and Recommendations. Signed by Honorable Richard M Gergel on May 27, 2011. (kbos)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLIN1soc. Linrod Nathaniel Riley, ) ZOII MAY 21 A 11= 23 ) Plaintiff, vs. ) ) CIA No.: 3:10-cv-2826-RMG-JRM ) Michael Pope, Defendant. T;::N.SC ORDER ) ) ) ) ) Plaintiff brought this pro se action pursuant to 42 U.S.C. § 1983. This case was automatically referred to the United States Magistrate Judge for all pretrial proceedings pursuant to the provisions of 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) D.S.C. The Magistrate Judge recommended dismissing this action due to Plaintiffs failure to provide the Court with a current address. The Court sent Plaintiff notice of the cases reassignment on January 31, 2011 and the mail was returned as undeliverable. Thus, Plaintiff has failed to comply with this Court's order to provide the Court with a current address andlor of any address change. Accordingly, the Complaint is DISMISSED with prejudice for failure to prosecute pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure. AND IT IS SO ORDERED. United States District Court Judge May ~'7 ,2011 Charleston, South Carolina Page J ofl

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