Robinson v. Guardian Industries Corp et al

Filing 25

ORDER directing Plaintiff to advise the court whether he wishes to continue with this case against Individual Defendants and to file a response to Individual Defendants 20 Motion to Dismiss for Failure to State a Claim by No vember 24, 2015. Plaintiff is further advised that if he fails to respond, the undersigned will recommend that his claims against Individual Defendants be dismissed for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on 11/10/2015. (gmil)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
James R. Robinson,
Plaintiff,
vs.
Guardian Industries Corp.; Manuel
Jackson; Matt Hall; and Lance Clarke,
Defendants.

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C/A No.: 0:15-2868-JMC-SVH

ORDER

Plaintiff, proceeding pro se, brought this action alleging race discrimination
against his former employer, Guardian Industries Corp., and individual defendants
Manuel Jackson, Matt Hall, and Lance Clarke (“Individual Defendants”). Individual
Defendants filed a motion to dismiss on September 29, 2015. [ECF No. 20]. As Plaintiff
is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528
F.2d 309 (4th Cir. 1975), on September 29, 2015, advising him of the importance of the
motion and of the need for him to file an adequate response by November 2, 2015. [ECF
No. 22]. Plaintiff was specifically advised that if he failed to respond adequately,
Individual Defendants’ motion may be granted.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Plaintiff has failed to respond to Individual Defendants’ motion. As
such, it appears to the court that he does not oppose the motion and wishes to abandon
this action against Individual Defendants. Based on the foregoing, Plaintiff is directed to
advise the court whether he wishes to continue with this case against Individual

Defendants and to file a response to Individual Defendants’ motion to dismiss by
November 24, 2015. Plaintiff is further advised that if he fails to respond, the
undersigned will recommend that his claims against Individual Defendants be dismissed
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.

November 10, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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