Mann v. Bell-McKensie et al

Filing 54

ORDER adopting 50 Report and Recommendation. This action is dismissed with prejudice and Defendants' 37 Motion for Summary Judgment is terminated. Signed by Honorable Richard M Gergel on 11/16/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Anthony L. Mann,

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

Civil Action No. 0: 14-4496-RMG

ORDER

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This matter is before the Court on the Report and Recommendation ("R & R") of the
Magistrate Judge (Dkt. No. 50) recommending that this Court dismiss this action with prejudice
for lack of prosecution and terminate any pending motions. The Court hereby adopts the R & R
dismisses the action with prejudice, and terminates Defendants' motion for summary judgment
(Dkt. No.3 7).
On November 11, 2014, Plaintiff filed a pro se complaint seeking relief pursuant to 42
U.S.C. § 1983. Defendants filed a motion for summary judgment (Dkt. No. 37), Plaintiff filed a
motion for extension of time (Dkt. No. 41), and the Court granted the motion by text order (Dkt.
No. 42). Plaintiff failed to respond, and the Court issued another order providing Plaintiff 14
additional days to respond. Plaintiff again failed to respond.
Plaintiff (l) is personally responsible for proceeding in a dilatory fashion, (2) Defendants
continue to incur legal expenses and suffer prejudice by continuing to have claims clouding their
careers, and (3) no sancions appear to exist other than dismissal given the previous warnings and

extensions. See Chandler Leasing Corp. v. Lopez, 669 F.2d 919 (4th Cir. 1982). Therefore, the

Court hereby adopts the R & R dismisses the action with prejudice, and terminates Defendants'
motion for summary judgment.
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Court Judge
November Ill, 2015
Charleston, South Carolina

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