Breaker v. South Carolina, State of et al

Filing 29

ORDER directing Petitioner to advise the court as to whether he wishes to continue with this case and to file a response to Respondent's 25 MOTION for Summary Judgment by August 15, 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 8/1/2017. (mwal)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA D’Andrik Lamar Breaker, #330260, Petitioner, vs. Tim Riley, Respondent. ) ) ) ) ) ) ) ) ) ) C/A No.: 1:17-406-PMD-SVH ORDER Petitioner, proceeding pro se, brought this action requesting a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion for summary judgment on June 21, 2017. [ECF No. 25]. As Petitioner 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 a motion and of the need for him to file an adequate response by July 24, 2017. [ECF No. 26]. Petitioner was specifically advised that if he failed to respond adequately, Respondent’s motion may be granted, thereby ending this case. 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. 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 Respondent’s motion for summary judgment by August 15, 2017. Petitioner is further advised that if he fails to respond, the undersigned will recommend this action 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. August 1, 2017 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge 2

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