Maness et al v. Williams et al

Filing 48

ORDER Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to the 45 motion for summary judgment by April 25, 2019. Plaintiff is further advised that if he fails to r espond, the undersigned will recommend that this action be dismissed for failure to prosecute. (Response to Motion due by 4/25/2019. 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 4/11/2019. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Don S. Maness III,
Plaintiff,
vs.
Mr. Williams, Warden, McCormick
C.I.; Mr. Wolff, Maintenance,
M.C.I.; and Juanita Moss, Kitchen
Supervisor, M.C.I.; and Mr.
Robertson, Assoc. Warden,
McCormick C.I.,
Defendants.

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C/A No.: 1:18-1559-DCN-SVH

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action
alleging violations of his constitutional rights by Defendants. On February
27, 2019, Defendants filed a motion for summary judgment. [ECF No. 45]. 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 April 1, 2019. [ECF No. 46]. Plaintiff was specifically advised that if he
failed to respond adequately, the motion may be granted.
Notwithstanding the specific warning and instructions set forth in the
court’s Roseboro order, Plaintiff has failed to respond to Defendants’ 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 the motion for summary judgment by April 25, 2019. Plaintiff is
further advised that if he fails to respond, the undersigned will recommend
that this action be dismissed 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.

April 11, 2019
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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