Mann v. Bell-McKensie et al

Filing 46

ORDER - Plaintiff shall advise the court whether he wishes to continue with this case and to file a response to the defendants' motion for summary judgment 37 within fourteen (14) days from the date of this order. Plaintiff is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Paige J Gossett on 9/30/2015. (gmil)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Anthony L. Mann,

)
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Plaintiff,
)
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vs.
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Corporal Bell-McKensie; Associate Warden
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Willie Davis; Sgt. Robert Plemmons; Sgt.
)
Epps; Angela Smith, Administrative Assistant, )
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Defendants.
)
_____________________________________ )

C/A No. 0:14-4496-RMG-PJG

ORDER

This self-represented plaintiff filed this action seeking relief pursuant to 42 U.S.C. § 1983.
Plaintiff, an inmate with the South Carolina Department of Corrections, alleges violations of his
constitutional rights by the named defendants. The defendants filed a motion for summary judgment
on July 15, 2015, pursuant to the Federal Rules of Civil Procedure. (ECF No. 37.) As the plaintiff
is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th
Cir. 1975) on July 16, 2015, advising the plaintiff of the importance of a motion for summary
judgment and of the need for him to file an adequate response. (ECF No. 38.) The plaintiff was
specifically advised that if he failed to respond adequately, the defendants’ motion may be granted,
thereby ending his case.
The plaintiff filed a motion for extension of time to respond to the motion for summary
judgment, which was granted by docket text order on August 24, 2015. (ECF Nos. 41 & 42.)
Despite his extension of time and notwithstanding the specific warning and instructions set
forth in the court’s Roseboro order, the plaintiff has failed to respond to the motion. As such, it
appears to the court that he does not oppose the motion and wishes to abandon this action.
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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 fourteen (14)
days from the date of this order. Plaintiff is further advised that if he fails to respond, this action
will 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.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
September 30, 2015
Columbia, South Carolina

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