Gainey v. Cartledge et al

Filing 27

ORDER directing Petitioner to advise the court whether he wishes to continue with this case and to file a response to Respondent's 19 MOTION for Summary Judgment by July 28, 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 7/14/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
William Lee Gainey,
Petitioner,
vs.
Warden Leroy Cartledge,
Respondent.

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C/A No.: 1:14-4724-TMC-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 April 22, 2015. [ECF No. 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
April 23, 2015, advising him of the importance of the motion for summary judgment and
of the need for him to file an adequate response by May 29, 2015. [ECF No. 21].
Petitioner was specifically advised that if he failed to respond adequately, Respondent’s
motion may be granted. On May 27, 2015, the undersigned extended Petitioner’s
deadline, granting him until June 29, 2015, to respond to Respondent’s motion. [ECF No.
24].
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 July

28, 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 14, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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