Taurice Collins v. Christopher Lowell Brown; Town Council of Mayesville

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

Taurice Collins, ) C/A No. 3:25-10645-MGL-PJG ) Plaintiff, ) ) v. ) REPORT AND RECOMMENDATION ) Christopher Lowell Brown; Town Council of ) Mayesville, ) ) Defendants. ) )

The plaintiff filed this employment action, pro se, against the named defendants. On February 23, 2026, the defendants filed a motion to dismiss. (ECF No. 30.) By order of this court filed February 27, 2026, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the plaintiff was advised of the dismissal and summary judgment procedures and the possible consequences if she failed to respond adequately. (ECF No. 33.) Notwithstanding the specific warning and instructions set forth in the court’s Roseboro order, the plaintiff failed to respond to the motion.1 As the plaintiff is proceeding pro se, the court filed a second order on April 17, 2026, advising the plaintiff that it appeared to the court that she was not opposing the motion and wished to abandon this action, and giving the plaintiff an additional fourteen (14) days in which to file her response to the defendants’ motion to dismiss. (ECF No. 43.) The plaintiff was specifically warned that if she failed to respond, this action would

1 An individual who is not a current party in this action filed documents purportedly responsive to the defendants’ motion (while also stating in his filings that he is not the plaintiff’s attorney or representative of any party). Accordingly, the court issued an order striking these filings from the docket. (ECF No. 42.) The non-party individual appealed this order to the assigned district judge, who ordered the filing stricken from the docket because the filer was not a listed party in this lawsuit. (ECF No. 49.) be recommended for dismissal with prejudice for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b). Despite this second warning, the plaintiff still did not respond. Therefore, the plaintiff meets all of the criteria for dismissal under Chandler Leasing Corp. v. Lopez, 669 F.2d 919 (4th Cir. 1982). RECOMMENDATION Accordingly, it is recommended that this action be dismissed with prejudice for lack of prosecution. See Davis, 588 F.2d at 70; Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989) (stating that magistrate judge’s prior explicit warning that a recommendation of dismissal would result from the plaintiff failing to obey his order was proper grounds for the district court to dismiss the suit when the plaintiff did not comply despite the warning), cert. denied sub nom, Ballard v. Volunteers of America, 493 U.S. 1084 (1990); Fed. R. Civ. P. 41(b). In light of the court’s recommendation, the court further recommends that any pending motions (ECF No. 30) be terminated. Oxi msek— May 11, 2026 VamQWnser— Columbia, South Carolina UNITED STATES MAGISTRATE JUDGE The parties’ attention is directed to the important notice on the next page.

2 She is personally responsible for proceeding in a dilatory fashion, the defendants are suffering prejudice by continuing to have these claims clouding their careers and continuing to incur legal expenses, and no sanctions appear to exist other than dismissal given the previous warnings and extensions provided. Chandler Leasing Corp., 669 F.2d at 920. Page 2 of 3

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).