Cole v. Ballard et al
ORDER directing Plaintiff to advise the court as to whether he wishes to continue with this case and to file a response to the defendant's motion 28 Motion for Summary Judgment within seven (7) days of this ord er. Plaintiff is further advised that if he fails to respond, this action may be decided on the record presented in support of the defendant's motion, or may be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Paige J. Gossett on 10/18/2016. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Marty Ballard; Premier Constructors, Inc.,
C/A No. 3:15-1923-MBS-PJG
Plaintiff, who is represented by counsel, filed this matter alleging violations of his civil rights
by the named defendants. Defendant Premier Constructors, Inc. filed a motion for summary
judgment on August 5, 2016, pursuant to the Federal Rules of Civil Procedure. (ECF No. 28.) As
of the date of this order, the plaintiff has failed to respond to the motion in accordance with Local
Civil Rule 7.06 (D.S.C.). As such, it appears to the court that he does not oppose the motion and
wishes to abandon this action.
Based on the foregoing, it is
ORDERED that the plaintiff shall advise the court as to whether he wishes to continue with
this case and to file a response to the defendant’s motion for summary judgment within seven (7)
days from the date of this order. Plaintiff is further advised that if he fails to respond, this action may
be decided on the record presented in support of the defendant’s motion, see Local Civil Rule 7.06
(D.S.C.), or may 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).
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IT IS SO ORDERED.
October 18, 2016
Columbia, South Carolina
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
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