Smith v. Pate

Filing 44

ORDER directing Petitioner to advise the court whether he wishes to continue with this case and to file a response to Respondent's 29 MOTION for Summary Judgment by October 13, 2015. Petitioner is 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 9/29/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Randall Smith,
Petitioner,
vs.
John Pate,
Respondent.

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C/A No.: 1:14-3515-JMC-SVH

ORDER

Petitioner, proceeding pro se and in forma pauperis, brought this petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion for summary
judgment on June 16, 2015. [ECF No. 29]. As Petitioner is proceeding pro se, the court
entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on June
16, 2015, advising him of the importance of the motion for summary judgment and of the
need for him to file an adequate response by July 23, 2015. [ECF No. 31]. Petitioner was
specifically advised that if he failed to respond adequately, Respondent’s motion may be
granted. On July 27, 2015, and August 21, 2015, the undersigned extended Petitioner’s
deadline, granting him until September 23, 2015, to respond to Respondent’s motion.
[ECF Nos. 35, 38].
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, Petitioner is directed to advise the court whether he wishes to continue with
this case and to file a response to Respondent’s motion for summary judgment by

October 13, 2015. 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 29, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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