DeWitt v. US Department of the Army

Filing 70

ORDER directing the plaintiff to advise the court as to whether he wishes to continue with this action and to file a response to the defendant's 65 motion for summary judgment within seven (7) days from the date of t his order. Plaintiff is further advised that if he fails to respond, this matter 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. (Response to Motion due by 8/18/2017. 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 Paige J. Gossett on 8/11/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Melvin DeWitt,
Plaintiff,
v.
United States,
Defendant.
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C/A No. 3:16-484-TLW-PJG

ORDER

Plaintiff, who is represented by counsel, filed this matter alleging violations of his civil rights
by the named defendant. The defendant filed a motion for summary judgment on July 14, 2017,
pursuant to the Federal Rules of Civil Procedure. (ECF No. 65.) As of the date of this order, the
plaintiff has failed to respond to the defendant’s motion in accordance with Local Civil Rule 7.06
(D.S.C.). As such, it appears to the court that he does not oppose this 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 action 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 matter
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.

August 11, 2017
Columbia, South Carolina

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

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