Crowe v. Warden of Perry Corr Inst

Filing 43

ORDER directing Petitioner to advise the court as to whether he wishes to continue with this case and to file a response to Respondents 34 MOTION for Summary Judgment by August 11, 2015. 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 7/28/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Daniel L. Crowe,
Petitioner,
vs.
Warden of Perry Correctional
Institution,
Respondent.

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C/A No.: 1:14-3831-BHH-SVH

ORDER

Petitioner, proceeding pro se, brought this action requesting a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion for summary judgment
on April 13, 2015. [ECF No. 34]. As Petitioner is proceeding pro se, the court entered an
order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on April 14, 2015,
advising him of the importance of a motion for summary judgment and of the need for
him to file an adequate response by May 18, 2015. [ECF No. 35]. Petitioner was
specifically advised that if he failed to respond adequately, Respondent’s motion may be
granted, thereby ending this case. Petitioner moved for, and the court granted, two
extensions of time until July 17, 2015, within which to file a response.
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, the undersigned orders Petitioner to 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 August 11, 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.

July 28, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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