Canty v. Resolute Forest Products et al

Filing 34

ORDER directing Plaintiff to advise the court whether he wishes to continue with this case and to file a response to Defendant's 28 MOTION for Summary Judgment by May 19, 2016. 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 Shiva V Hodges on 5/5/2016. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Darrell Canty,
Plaintiff,
vs.
Resolute Forest Products, Catawba
Operations; Pat Moore, Mills Operation
Manager; Lakesa Brooks, Labor
Relations Manager; Mel Stepps,
Superintendent; Terry Galloway, Line
Leader; Jimmy Jordan, Supervisor; and
Lewis P. Smith, Team Leader and
Union Brother,
Defendants.

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C/A No.: 0:15-2438-MGL-SVH

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging he
was wrongfully terminated. Defendants filed a motion for summary judgment on March
28, 2016. [ECF No. 28]. As Plaintiff is proceeding pro se, the court entered an order
pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the
importance of the motion and of the need for him to file an adequate response by May 2,
2016. [ECF No. 29]. Plaintiff was specifically advised that if he failed to respond
adequately, Defendants’ motion may be granted. Id.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Plaintiff 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. Based on
the foregoing, Plaintiff is directed to advise the court whether he wishes to continue with
this case and to file a response to Defendants’ motion for summary judgment by May 19,
2016. 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.

May 5, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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