Robinson v. The State of South Department of Probation Parole and Pardon Services et al

Filing 26

ORDER directing Peitioner to file a response to SCDPPP's 18 MOTION for Summary Judgment by March 2, 2017. Petitioner is further advised that if he fails to respond, the undersigned will recommend SCDPPP be dismissed with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on 2/16/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
John C. Robinson,
Petitioner,
vs.
The State of South Carolina Department
of Probation, Parole, and Pardon
Services and Warden of Broad River
Correctional Institution,
Respondents.

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C/A No.: 1:16-3324-TMC-SVH

ORDER

Petitioner, proceeding in forma pauperis, brought this petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. The South Carolina Department of Probation,
Parole, and Pardon Services (“SCDPPP”) filed a motion for summary judgment on
January 10, 2017. [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 January 11,
2017, advising him of the importance of a motion for summary judgment and of the need
for him to file an adequate response by February 13, 2017. [ECF No. 19]. Petitioner was
specifically advised that if he failed to respond adequately, SCDPPP’s motion may be
granted and they may be dismissed from this case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Petitioner has failed to respond to the motion.1 As such, it appears to the

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The court’s Roseboro order was marked “Unclaimed” and returned to the court. [ECF
No. 25].

court that he does not oppose the motion. Based on the foregoing, the undersigned orders
Petitioner to advise the court as to whether he wishes to continue with this case and to file
a response to SCDPPP’s motion for summary judgment by March 2, 2017. Petitioner is
further advised that if he fails to respond, the undersigned will recommend SCDPPP be
dismissed 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.

February 16, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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