Price v. Barnett et al

Filing 34

ORDER Plaintiff is directed to advise the court whether he wishes to continue with the case and to file a response to Karissa's 19 motion for summary judgment by September 23, 2020. Plaintiff is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. (Objections to R&R due by 9/23/2020 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 9/9/2020. (lbak)

1:20-cv-02166-SAL-SVH

Date Filed 09/09/20

Entry Number 34

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Justin Grant Price,
Plaintiff,
vs.
Nurse Ms. Karissa,
Defendant.

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C/A No.: 1:20-2166-SAL-SVH

ORDER

Justin Grant Price (“Plaintiff”), proceeding pro se, filed this action on
June 8, 2020. [ECF No. 1]. On July 31, 2020, defendant Karissa filed a
motion for summary judgment. [ECF No. 19]. 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 August 31, 2020. [ECF No. 20].
Plaintiff was specifically advised that if he failed to respond adequately,
Karissa’s motion may be granted. Id.
Notwithstanding the specific warning and instructions set forth in the
court’s Roseboro order, Plaintiff has failed to respond to Karissa’s motion for
summary judgment. 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 Karissa’s motion for summary judgment by

1:20-cv-02166-SAL-SVH

Date Filed 09/09/20

Entry Number 34

Page 2 of 2

September 23, 2020. 1 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.
September 9, 2020
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

It appears Plaintiff was released from jail on August 6, 2020.
https://www.horrycounty.org/Departments/Sheriff/Detention/booking-release
(last visited September 9, 2020). Although a Roseboro order related to a
subsequent motion was returned in the mail [ECF No 32], there is no
indication that Plaintiff did not receive the court’s July 31, 2020 Roseboro
order related to Karissa’s motion for summary judgment.
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