Geddes v. Leeke
1:12-cv-01559
D.S.C.Jun 28, 2012Background
- Geddes filed a civil rights action in the District of South Carolina as part of a multi-plaintiff case proceeding pro se.
- The court ordered separation for initial review and required full filing fees or in forma pauperis status for each plaintiff.
- A June 11, 2012 order directed separation and fee/payment requirements; Geddes was notified of the order.
- A June 25, 2012 order was returned undelivered to Geddes, and he failed to update his contact information.
- Because Geddes could not be reached, the magistrate judge recommended dismissal with prejudice under Rule 41(b).
- If Geddes later provides current contact information and files objections timely, the report may be vacated and the case returned for further handling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be dismissed for failure to prosecute. | Geddes would proceed if contact information is updated. | Geddes failed to provide current contact details; dismissal is warranted. | Dismissal with prejudice under Rule 41(b). |
Key Cases Cited
- Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (standard for timely objections and non-de novo review by district court)
- Thomas v. Arn, 474 U.S. 140 (1985) (notice of objections procedures and standards)
- Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (procedural guidelines for objections)
- United States v. Schronce, 727 F.2d 91 (4th Cir. 1984) (time deadlines and course of objections)
