Frazier v. South Carolina, State of
Filing
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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 20 motion for summary judgment by November 13, 2018. Petitioner is further advised that if he fails to respond, the undersigned will recommend this action be dismissed with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V. Hodges on 10/30/2018. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Johnnie Frazier,
Petitioner,
vs.
Warden of Lieber Correctional
Institution,
Respondent.
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C/A No.: 1:18-1511-CMC-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 September 24, 2018. [ECF No. 20]. 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 October 26,
2018. [ECF No. 21]. 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 November 13, 2018. 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.
October 30, 2018
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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