Summary
The United States District Court for the District of South Carolina declines to adopt the Magistrate Judge’s recommendation to dismiss Lawrence Terry’s civil-rights action for failure to prosecute and failure to comply with a court order. Because Terry submitted documents after the Report and Recommendation and is proceeding pro se, the court finds dismissal premature and recommits the matter to the Magistrate Judge for further proceedings.
Holdings
- Dismissal was premature because Plaintiff's later filings demonstrated an attempt and desire to comply with the court's proper-form requirements and to pursue his claims.
- The district court declined to adopt the Report and recommitted the matter to the magistrate judge for further proceedings.
Questions Presented
- Whether the district court should adopt the magistrate judge's recommendation to dismiss the action for failure to comply with a court order and failure to prosecute.
- Whether Plaintiff's later filings rendered dismissal premature.
Disposition
remanded
Cases Cited (9)
- Carniewski v. W. Virginia Bd. of Prob. & Parole, 974 F.2d 1330 (4th Cir. 1992)(followed)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)(followed)
- Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005)(followed)
- Dunlap v. TM Trucking of the Carolinas, LLC, No. 0:15-cv-04009-JMC, 2017 WL 6345402, at *5 n.6 (D.S.C. Dec. 12, 2017)(followed)
- One Parcel of Real Prop. Known as 2121 E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996)(followed)
- Workman v. Perry, No. 6:17-cv-00765-RBH, 2017 WL 4791150, at *1 (D.S.C. Oct. 23, 2017)(followed)
- Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)(followed)
- Staley v. Norton, No. 9:07-0288-PMD, 2007 WL 821181, at *1 (D.S.C. Mar. 2, 2007)(followed)
- Howard v. Secretary of Health & Human Services, 932 F.2d 505, 509 (6th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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