Filyaw v. Graham et al

Filing 80

ORDER directing the plaintiff to advise the court as to whether he wishes to continue with this case and to file a response to the defendants' 74 motion for summary judgment within fourteen (14) days from the date of t his order. Plaintiff is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. (Response to Motion due by 4/25/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 4/11/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
William Fate Filyaw,

)
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Plaintiff,
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vs.
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Kontrina Graham, (Sgt); William Eagleton,
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(Warden),
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Defendants.
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_____________________________________ )

C/A No. 0:16-2952-JMC-PJG

ORDER

The plaintiff has filed this action, pro se, 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 February 28, 2017, pursuant to the Federal Rules of Civil Procedure. (ECF No. 74.) 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 March 1, 2017, 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. 75.) The
plaintiff was specifically advised that if he failed to respond adequately, the defendants’ motion may
be granted, thereby ending his case.
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
April 11, 2017
Columbia, South Carolina

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