English v. Livingstone et al

Filing 54

ORDER directing Plaintiff to advise the court whether he wishes to continue with this case and to file a response to Defendants' 51 MOTION for Summary Judgment by May 26, 2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) Signed by Magistrate Judge Shiva V Hodges on 5/12/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Roderick Jerome English, #301507,
Plaintiff,
vs.
Cpt. Livingstone; Sgt. Walker; Warden
Lewis; Warden Washington; Warden
Stephen; Brian Sterling; Warden Larry
Cartledge; Warden Moody; Officer
Purcuci; and Michael McCall,
Defendants.

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C/A No.: 1:16-2985-JFA-SVH

ORDER

Roderick Jerome English (“Plaintiff”), proceeding pro se, filed this action pursuant
to 42 U.S.C. § 1983 on August 30, 2016. [ECF No. 1]. On April 5, 2017, Defendants
filed a motion for summary judgment. [ECF No. 51]. As Plaintiff is proceeding pro se,
the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.
1975), advising him of the importance of the motion and of the need for him to file an
adequate response by May 8, 2017. [ECF No. 52]. Plaintiff was specifically advised that
if he failed to respond adequately, Defendants’ motion may be granted. Id.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Plaintiff 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 May 26,
2017. 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.

May 12, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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