Henry v. Thompson
4:23-cv-06113
D.S.C.Apr 14, 2025Background
- Patrick Henry, III filed a complaint in November 2023 against Phillip E. Thompson, the Sheriff of Horry County, South Carolina.
- Henry was initially represented by counsel but began proceeding pro se (representing himself).
- The case was referred to Magistrate Judge Kaymani D. West, who issued a Report and Recommendation proposing dismissal for failure to prosecute.
- Plaintiff was explicitly ordered to submit an amended complaint by January 2, 2025, but did not comply, nor did he respond or object to the Report.
- The magistrate judge informed Henry that failure to respond or comply could result in dismissal.
- The District Judge reviewed and adopted the Report, dismissing the complaint without prejudice under Rule 41(b) for failure to prosecute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal for Failure to Prosecute | No response or argument | Case should be dismissed | Case dismissed without prejudice under Rule 41(b) |
| Compliance with Court Orders | No response or argument | Plaintiff failed to comply | Failure to comply warrants dismissal |
| Notice and Opportunity to Respond | No response or argument | Plaintiff received notice | Plaintiff presumed notified and failed to act |
| Adequacy of Magistrate's Recommendation | No response or argument | Recommendation should stand | Report adopted, no clear error |
Key Cases Cited
- Mathews v. Weber, 423 U.S. 261 (district court must make final determination over magistrate recommendations)
- Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (no explanation required when adopting report without objections)
- Ballard v. Carlson, 882 F.2d 93 (dismissal for failure to prosecute appropriate when warned)
- Chandler Leasing Corp. v. Lopez, 669 F.2d 919 (courts may dismiss sua sponte for failure to prosecute)