Blakeney v. Rawski

Filing 16

ORDER re 12 MOTION for Summary Judgment filed by Angela Rawski. Petitioner has failed to respond to the motion. As such, it appears to the court that she does not oppose the motion and wishes to abandon this a ction. Based on the foregoing, it is ordered that Petitioner shall advise the court as to whether she wishes to continue with this case and to file a response to Respondent's motion for summary judgment by September 17, 2014. Petitioner is further advised that if she fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on 8/19/2014. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Lisa Ann Blakeney,
Petitioner,
vs.
Warden Angela Rawski,
Respondent.

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C/A No.: 1:14-1681-TMC-SVH

ORDER

Petitioner, proceeding pro se, brought this action pursuant to 28 U.S.C. § 2254.
Respondent filed a motion for summary judgment on July 14, 2014. [Entry #12]. As
Petitioner is proceeding pro se, the court entered an order pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), on July 15, 2014, advising her of the importance
of a motion for summary judgment and of the need for her to file an adequate response.
[Entry #14]. Petitioner was specifically advised that if she failed to respond adequately by
August 18, 2014, 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 she 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 she wishes
to continue with this case and to file a response to Respondent’s motion for summary
judgment by September 17, 2014. Petitioner is further advised that if she 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.

August 19, 2014
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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