McDaniel v. Stirling et al

Filing 19

ORDER directing Plaintiff to advise the court whether he wishes to continue with this case and to file a response to Defendants' 16 MOTION for Summary Judgment by July 28, 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 7/14/2017. (mwal)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Jerome McDaniel, #166436, Plaintiff, vs. Director Bryan L. Stirling; Larry Cartledge, Warden of Perry Corr. Inst.; Sgt. Fish; Officer Waldrol; Nurse Sabewale; Nurse Helnrish,; NP Ms. Enloe; and Maintenance Personnel Mr. Rick, each defendant is being sued in their individual capacities all times herein, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C/A No.: 1:17-412-DCN-SVH ORDER Jerome McDaniel (“Plaintiff”), proceeding pro se, filed this action on May 10, 2016 in the Richland County Court of Common Pleas. [ECF No. 1-1]. Defendants removed the case to this court on February 9, 2017. [ECF No. 1]. On June 9, 2017, Defendants filed a motion for summary judgment. [ECF No. 16]. 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 July 10, 2017. [ECF No. 17]. 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 July 28, 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. July 14, 2017 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge 2

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