Holcomb v. Riley et al

Filing 31

ORDER directing Petitioner to advise the court whether he wishes to continue with this case and to file a response to Defendants' 28 MOTION TO DISMISS by March 17, 2017. Signed by Magistrate Judge Shiva V Hodges on 3/3/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Dean A. Holcolmb,
Plaintiff,
vs.
Tim Riley; Andrea Thompson;
Lieutenant Story; Lieutenant Martin;
Ms. Albert; Annie Rumler; Major
Jackson; Officer Spigner; Ms. Marshal;
and D. Utley,
Defendants.

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C/A No.: 1:16-3487-MGL-SVH

ORDER

Dean A. Holcolmb (“Plaintiff”), proceeding pro se, filed this action pursuant to 42
U.S.C. § 1983 on October 25, 2016. [ECF No. 1]. On January 26, 2017, Defendants filed
a motion to dismiss. [ECF No. 28]. 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
February 27, 2017. [ECF No. 29]. 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 to dismiss by March 17, 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.

March 3, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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