Ferrell et al v. Director

Filing 24

ORDER. Plaintiffs Ferrell and Saxon are directed to advise the court whether they wish to continue with this case and to respond to Defendant's motion to dismiss 11 by October 3, 2011. Ferrell and Saxon are further advised that if they fail to respond, their claims in this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on 9/19/2011. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jaquan Ferrell, Daniel Shannon, and
Tarsha Saxon,
Plaintiffs,
vs.
Agent Director of South Carolina
Department of Corrections,
Defendant.

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C/A No.: 1:11-1098-SB-SVH

ORDER

Plaintiffs, proceeding pro se, brought this action, which is construed as brought
pursuant to 42 U.S.C. § 1983, alleging violations of their constitutional rights. Defendant
filed a motion to dismiss on May 19, 2011. [Entry #11]. As Plaintiffs are proceeding pro
se, the court entered an order on May 20, 2011, pursuant to Roseboro v. Garrison, 528
F.2d 309 (4th Cir. 1975), advising them of the importance of a motion to dismiss and of
the need for him to file an adequate response. [Entry #13]. Plaintiffs were specifically
advised that if they failed to respond adequately, Defendant’s motion may be granted,
thereby ending this case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, plaintiffs Ferrell and Saxon have failed to respond to the motion. As
such, it appears to the court that they do not oppose the motion and wish to abandon this
action. Based on the foregoing, plaintiffs Ferrell and Saxon are directed to advise the
court whether they wish to continue with this case and to respond to Defendant’s motion
to dismiss by October 3, 2011. Ferrell and Saxon are further advised that if they fail to

respond, their claims in 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.

September 19, 2011
Florence, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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