Robbins
v.
Comm'r of Soc. Sec. Admin.

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINANov 1, 2018
C/A No.: 1:18-2779-CMC-SVH (D.S.C. Nov. 1, 2018)

C/A No.: 1:18-2779-CMC-SVH

11-02-2018

Bobby Robbins, Plaintiff, v. Commissioner of Social Security Administration, Defendant.


REPORT AND RECOMMENDATION

Bobby Robbins ("Plaintiff"), proceeding pro se, filed this action on October 12, 2018. [ECF No. 1]. On October 24, 2018, the undersigned issued an order and notice to Plaintiff detailing deficiencies in his complaint and permitting him until November 7, 2018, to file an amended complaint. [ECF No. 8]. On October 31, 2018, the court's October 24, 2018 order was returned as undeliverable. [ECF No. 10]. The returned envelope states "Vacant" and "Unable to Forward." Id. Plaintiff has failed to keep the court apprised of his address, and as a result, the court has no means of contacting him concerning his case.

Based on the foregoing, it is recommended that this action be dismissed with prejudice, in accordance with Fed. R. Civ. P. 41(b). The Clerk is directed to send this Report and Recommendation to Plaintiff at his last known address. If Plaintiff notifies the court within the time set for filing objections to this Report and Recommendation that he wishes to continue with this case and provides a current address, the Clerk is directed to vacate this Report and Recommendation and return the file to the undersigned for further handling. If, however, no objections are filed, the Clerk shall forward this Report and Recommendation to the district judge for disposition.

IT IS SO RECOMMENDED. November 2, 2018
Columbia, South Carolina

/s/


Shiva V. Hodges


United States Magistrate Judge

The parties are directed to note the important information in the attached

"Notice of Right to File Objections to Report and Recommendation."

Notice of Right to File Objections to Report and Recommendation

The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. "[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must 'only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note).

Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:

Robin L. Blume, Clerk

United States District Court

901 Richland Street

Columbia, South Carolina 29201

Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).