Rieb v. Rawlinson et al

Filing 23

ORDER directing Plaintiff to advise the court whether he wishes to continue with this case and to file a response to Defendants' 17 MOTION for Judgment on the Pleadings by January 6, 2016. 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 12/23/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Eric Andrew Rieb, #289509,
Plaintiff,
vs.
Bradford A. Rawlinson, Esq.; Warden
Robert M. Stevenson, III, Warden of
Broad River Corr. Inst.; Lt. John Rivera,
lieutenant supervisor of Broad River
Contraband Control and Broad River
Property Control; Ofr. Mike Goloch;
and Sgt. Beverly Bracy, in their
individual and official capacities,
Defendants.

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C/A No.: 1:15-2933-RMG-SVH

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 judgment on the pleadings on October 16, 2015. [ECF No. 17]. As Plaintiff is
proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d
309 (4th Cir. 1975), on November 12, 2015, advising him of the importance of the
motion and of the need for him to file an adequate response. [ECF No. 21]. 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 judgment on the pleadings by
January 6, 2016. 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.

December 23, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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