Lyons v. Orangeburg County Detention Center et al
Filing
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ORDER. 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 49 by December 13, 2011. 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 11/29/2011. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Joseph Michael Lyons, Jr.,
Plaintiff,
vs.
Mr. Bamberg; Mrs. Dozier; Sgt. Woods;
Deputy Bonepart; Captain Govan;
Officer Jones; and Officer Janet
Williams,
Defendants.
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C/A No.: 1:11-733-CMC-SVH
ORDER
Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging
violations of his constitutional rights pursuant to 42 U.S.C. § 1983. Defendants filed a
motion for summary judgment on October 17, 2011. [Entry #49]. As Plaintiff is
proceeding pro se, the court entered an order on October 18, 2011, pursuant to Roseboro
v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of a motion for
summary judgment and of the need for him to file an adequate response. [Entry #51].
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, 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 December
13, 2011. 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.
November 29, 2011
Florence, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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