Muhammad v. GEO Care
3:12-cv-01196
D.S.C.Jan 9, 2013Background
- Muhammad filed a pro se complaint under 42 U.S.C. §1983 in the District of South Carolina (Columbia Division).
- Plaintiff was involuntarily committed by the Aiken County Probate Court and resided at Geo Care at filing.
- May 21, 2012 order required Muhammad to promptly notify the Clerk of Court of any address changes to ensure deadlines would be received.
- Since filing a proper form for service, subsequent reports and an order were returned as 'wrong address' or 'no longer here,' and Muhammad has not provided a current mailing address.
- As a result, neither the Court nor the Defendant could contact him regarding the case.
- The magistrate judge recommended dismissing the action with prejudice under Rule 41(b), directing service of the recommendation to Muhammad’s last known address and outlining rights to object.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal under Rule 41(b) is proper. | Not stated in the report. | Dismissal is warranted due to Muhammad's failure to provide a current address. | Yes; dismissal with prejudice. |
Key Cases Cited
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310 (4th Cir. 2005) (standard for reviewing objections to a magistrate's report)
- Thomas v. Arn, 474 U.S. 140 (1985) (concerning when objections are necessary for de novo review)
- Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (procedural rules for objections)
- United States v. Schronce, 727 F.2d 91 (4th Cir. 1984) (prescribing standard of review on objections)
