Gilbert v. McCall

Filing 37

ORDER adopting 34 Report and Recommendation of Magistrate Judge Wallace W. Dixon. This action is dismissed with prejudice for lack of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Honorable Richard M Gergel on 7/16/2014.(ssam, )

IN THE UNITED STATES DISTRICT COUR1l.',,[r.,'I,' 2,':'JYi,;
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
lOI~ JUL 'b P
Jamie Michael Gilbert, #335126,
Petitioner,
v,

Warden of Lee Correctional Institution,
Respondent.

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No, 2: 13-cv-2734-RMG

ORDER

This matter is before the Court on the Report and Recommendation ("R&R") of the
Magistrate Judge recommending that the Court dismiss this petition with prejudice for lack of
prosecution. (Dkt. No. 34). For the reasons set forth below, the Court adopts the R&R as the
order of the Court.
Background

Petitioner, a state prisoner proceeding pro se and in forma pauperis, filed this petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(b) and Local
Civil Rule 73.02(B)(2)(c) DSC, this matter was automatically referred to a United States
Magistrate Judge for pretrial proceedings. On April 23, 2014, Respondent filed a motion for
summary judgment. (Dkt. No. 28), The same day, the Magistrate Judge then entered a Roseboro
order informing the Petitioner of the importance of filing an adequate response and the possible
consequences of failing to respond. (Dkt. No. 30). Petitioner did not file a timely response to
the motion for summary judgment.

The Magistrate Judge then entered the present R&R

recommending dismissal for failure to prosecute unless Petitioner filed a timely response to the
R&R. (Dkt. No. 34). Petitioner has not filed a timely response to the R&R.

Discussion

After review of the record and the R&R, the Court agrees with and adopts the R&R as the
order of the Court.

The Court agrees with the Magistrate Judge that this case is properly

dismissed for failure to prosecute under Rule 41 (b) of the Federal Rules of Civil Procedure.
Conclusion

For the reasons set forth above, the Court adopts the R&R as the order of the Court.
(Dkt. No. 34).

Accordingly, this action is dismissed with prejudice for lack of prosecution

pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

AND IT IS SO ORDERED.

United States District Court Judge
July ({£7,2014
Charleston, South Carolina

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