Davis v. Lexington County Detention Center et al

Filing 46

REPORT AND RECOMMENDATION recommending 28 MOTION to Dismiss for Lack of Prosecution filed by Officer Griggs, Officer Richmond be granted. Objections to R&R due by 10/9/2008. Signed by Magistrate Judge William M Catoe on 9/22/08. (Attachments: # 1 Objection notice)(ladd, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Sherm an Antonio Davis, #41738, Plaintiff, vs. Officer Griggs and Officer Richmond, Defendants. ) ) ) ) ) ) ) ) ) )

Civil Action No. 6:07-4042-RBH-WMC REPORT OF MAGISTRATE JUDGE

The plaintiff brought this action seeking relief pursuant to Title 42, United States Code, Section 1983. On June 17, 2008, the defendants filed a motion to dismiss. On June 18, 2008, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the plaintiff was advised of the summary dismissal procedure and the possible consequences if he failed to respond adequate ly. On June 23, 2008, the envelope containing the plaintiff's copy of the order was returned, indicating the plaintiff was no longer incarcerated at the Lexington County Detention Center.1 After investigation, the Clerk was able to obtain the plaintiff's current address and the Roseboro order was remailed on June 24, 2008. On July 11, 2008, the plaintiff filed a motion for extension of time to respond, which was granted by order filed July 14, 2008, giving the plaintiff through August 22, 2008. When the plaintiff failed to respond, a third order was filed giving him a final opportunity, through September 19, 2008, to do so. The plaintiff has elected not to respond to the motion. Based on the foregoing, it appears the plaintiff no longer wishes to pursue this action. Accordingly, it is recommended that this action be dismissed for lack of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989), cert. denied, 493 U.S. 1084 (1990).

September 22, 2008 Greenville, South Carolina
1

s/W illiam M. Catoe United States Magistrate Judge

By order of this court filed December 21, 2007, the plaintiff was advised to notify the Clerk in writing of any change of address.