Singleton v. Myers

Filing 45

ORDER directing Plaintiff to advise the court whether he wishes to continue with this case and to file a response to Defendant's 39 MOTION for Summary Judgment by February 5, 2015. Signed by Magistrate Judge Shiva V Hodges on 1/23/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Frank T. Singleton, III,

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Plaintiff,
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vs.
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Director Myers of the Alvin S. Glenn
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Detention Center; Officer Scott; Officer )
White; and Capt. Buff,
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Defendants.
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C/A No.: 1:14-408-RMG-SVH

Plainti

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 November 14, 2014. [ECF No. 39]. As Plaintiff is
proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d
309 (4th Cir. 1975), on November 17, 2014, advising him of the importance of the
motion for summary judgment and of the need for him to file an adequate response. [ECF
No. 40]. Plaintiff was specifically advised that if he failed to respond adequately,
Defendants’ motion may be granted. On December 23, 2014, the undersigned extended
Plaintiff’s deadline, granting Plaintiff until January 21, 2015, to respond to Defendants’
motion. [ECF No. 43].
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 February 6,
2015. 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.

January 23, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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