Owens v. Charleston City Police Dept et al

Filing 147

ORDER. It is ordered that Plaintiff shall advise the court as to whether he wishes to continue with this case and to file a response to Defendants' motion for summary judgment by August 9, 2011. Plaintiff is further advised that if he fails to respond, this action will be dismissed with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on 7/26/2011. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Curtis Q. Owens,
Plaintiff,
vs.
Charleston City Police Dept., City of
Charleston, Pvt. NFN Inabinett #1412,
Cpl. NFN Emanuel #1036, Pvt. Shealy
NFN,
Defendants.

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C/A No.: 1:08-2380-SVH

ORDER

Plaintiff filed this action, which is construed as alleging violations of 42 U.S.C. §
1983. Defendants filed a motion for summary judgment on June 17, 2011. [Entry #142].
As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), on June 20, 2011, advising him of the importance
of a motion for summary judgment and of the need for him to file an adequate response.
[Entry #143]. Plaintiff was specifically advised that if he failed to respond adequately,
Defendants’ motion may be granted, thereby ending this case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, 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. Based on the
foregoing, it is ordered that Plaintiff shall advise the court as to whether he wishes to
continue with this case and to file a response to Defendants’ motion for summary
judgment by August 9, 2011. Plaintiff is further advised that if he fails to respond, this

action will dismissed 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.

July 26, 2011
Florence, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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