Miller v. Metts et al

Filing 52

ORDER re 46 MOTION for Summary Judgment filed by James Metts, Aubry Kelly, James Clawson. Plaintiff shall advise the court as to whether he wishes to continue with this case and to file a response to the defen dants' motion for summary judgment within seven (7) days from the date of this order. Plaintiff is further advised that if he fails to respond, this action may be decided on the record presented in support of the defendants' motion, see Loc al Civil Rule 7.06 DSC, or may be recommended for dismissal with prejudice for failure to prosecute. (Response to Motion due by 7/8/2014.) Signed by Magistrate Judge Paige J Gossett on 7/1/2014. (abuc) Modified to edit text on 7/1/2014 (abuc).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Meon Miller

)
)
)
vs.
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)
James Metts, James Clawson, Aubry Kelly,
)
)
Defendants.
)
_____________________________________ )

C/A No. 0:13-1101-BHH-PJG

Plaintiff,

ORDER

On June 6, 2014, the defendants in this civil action filed a motion for summary judgment
pursuant to the Federal Rules of Civil Procedure. (ECF No. 46.) As of the date of this order, the
plaintiff, who is represented by counsel, has failed to respond to the motion in accordance with Local
Civil Rule 7.06 DSC. As such, it appears to the court that he does not oppose the motion and wishes
to abandon this action.
Based on the foregoing, it is
ORDERED that the plaintiff shall advise the court as to whether he wishes to continue with
this case and to file a response to the defendants’ motion for summary judgment within seven (7)
days from the date of this order. Plaintiff is further advised that if he fails to respond, this action may
be decided on the record presented in support of the defendants’ motion, see Local Civil Rule 7.06
DSC, or may 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).
IT IS SO ORDERED.

July 1, 2014
Columbia, South Carolina

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

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