Fletcher et al v. Bokinstoke et al
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' 22 motion to dismiss 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. (Response to Motion due by 5/11/2017. 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 4/27/2017. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Sgt. Bokinstrke, Warden Dunlap, Lieutenant
Salmon, Associate Warden Stonebreaker,
C/A No. 0:16-3528-MBS-PJG
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 to dismiss on February
17, 2017, pursuant to the Federal Rules of Civil Procedure. (ECF No. 22.) 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 February 21, 2017, advising the plaintiff of the importance of a motion to dismiss and
of the need for him to file an adequate response. (ECF No. 23.) 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 an extension of time on March 16, 2017, which the court
granted by docket text order.
(ECF Nos. 38 & 39.)
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 to dismiss 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 27, 2017
Columbia, South Carolina
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