Jivers v. Lard et al

Filing 30

ORDER directing Plaintiff to advise the court whether he wishes to continue with this case and to file a response to Defendants' 26 MOTION for Summary Judgment by November 2, 2015. Plaintiff 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 10/19/2015. (mwal)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Jeremy Jivers, Plaintiff, vs. Brian Lard, Lexington County Detention Center; John Geitz, Lexington County Detention Center; and James Davenport, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) C/A No.: 1:15-1214-BHH-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 September 2, 2015. [ECF No. 26]. As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on September 2, 2015, advising him of the importance of the motion for summary judgment and of the need for him to file an adequate response. [ECF No. 27]. Plaintiff was specifically advised that if he failed to respond adequately, Defendants’ motion may be granted. 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 November 2, 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. October 19, 2015 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge 2

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