Sims v. Padula

Filing 23

ORDER Petitioner 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 Petitioner shall advise th e court as to whether he wishes to continue with this case and to file a response to Respondent's motion for summary judgment by September 25, 2012. Petitioner 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 9/11/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Brandon Sims,
Petitioner,
vs.
Anthony J. Padula, Warden,
Respondent.

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C/A No.: 1:12-976-MGL-SVH

ORDER

Petitioner, proceeding pro se, brought this action pursuant to 28 U.S.C. § 2254.
Respondent filed a motion for summary judgment on August 2, 2012. [Entry #19]. As
Petitioner is proceeding pro se, the court entered an order pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), on August 2, 2012, advising him of the
importance of a motion for summary judgment and of the need for him to file an adequate
response. [Entry #20]. Petitioner was specifically advised that if he failed to respond
adequately, Respondent’s motion may be granted, thereby ending this case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Petitioner 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 Petitioner shall advise the court as to whether he wishes to
continue with this case and to file a response to Respondent’s motion for summary
judgment by September 25, 2012. Petitioner 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.

September 11, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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