Dator v. McFadden

Filing 31

ORDER directing Petitioner to advise the court whether he wishes to continue with this case and to file a response to Respondent's 18 MOTION for Summary Judgment by January 19, 2016. Petitioner is further advised that no further extensions will be granted and 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 1/5/2016. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James R. Dator,
Petitioner,
vs.
Warden Joseph McFadden,
Respondent.

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C/A No.: 1:15-1698-MBS-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 September 15, 2015. [ECF No. 18]. As Petitioner is proceeding pro se, the
court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on
September 14, 2015, advising him of the importance of the motion for summary
judgment and of the need for him to file an adequate response by October 19, 2015. [ECF
No. 20]. Petitioner was specifically advised that if he failed to respond adequately,
Respondent’s motion may be granted. Id. On October 22, 2015, November 23, 2015, and
December 22, 2015, the undersigned extended Petitioner’s deadline, granting him until
December 30, 2015, to respond to Respondent’s motion. [ECF Nos. 23, 26, 29].
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 January

19, 2016. Petitioner is further advised that no further extensions will be granted and 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.

January 5, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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