Sansbury v. Riley et al

Filing 19

ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing the complaint with prejudice for failure to prosecute pursuant to Rule 41(b), for 17 Report and Recommendations. Signed by Honorable Richard M Gergel on October 20, 2011. (kbos)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Rodney Sansbury,
Plaintiff,
vs.
Lt. Riley, SheriffH. Wayne Dewitt, Sgt.
Sanders, John Doe, Medical Nurse, all of
Hill Finklea Center,
Defendants.

)
)
)
)
)
)
)
)
)
)

Civil Action No. 3:11-cv-01653-RMG

ORDER

Plaintiff originally brought this pro se action in the Count of Common Pleas for
Berkeley County, South Carolina. On July 8, 2011, Defendants removed the case to this
Court. (Dkt. No.1). Pursuant to the provisions of 28 U.S.C. § 636(b) and Local Rule
73.02(B)(2), DSC, the case was automatically referred to the United States Magistrate
Judge for all pretrial proceedings and a Report and Recommendation. On July 15, 2011,
Defendants filed a motion to dismiss. (Dkt. No.6). On July 18, 2011, the Magistrate
Judge issued an Order carefully explaining the deadline for responding to the motion to
dismiss and the consequences for failing to do so. (Dkt. No.7). Nevertheless, Plaintiff
failed to respond to the motion to dismiss. On September 6,2011, the Magistrate Judge
issued a second Order asking the Plaintiff to advise the Court as to whether he wished to
continue pursuing the case and, if so, to file a response to Defendants' motion to dismiss
within fifteen days from the date of the Order. (Dkt. No. 14). Again, Plaintiff failed to
respond to the Court's Order.
On September 26, 2011, the Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff's action be dismissed with prejudice for
lack of prosecution.

(Dkt. No. 17).

Plaintiff's deadline to file objections to the

1

Magistrate Judge's Report and Recommendation was October 14,2011. Plaintiff did not
file any objections to the Report and Recommendation. It appears that the Plaintiff no
longer wishes to pursue this matter. As a result, this Court adopts the Magistrate Judge's
Report and Recommendation as the order of this Court and incorporates it herein.

Conclusion
Accordingly, the Complaint is DISMISSED with prejudice for failure to
prosecute pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure and the factors
outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir.1982).

October 2.t),2011
Charleston, South Carolina

2