Sivak v. Atlantic Beach, Town of et al

Filing 42

ORDER. It is ordered that Plaintiff and Mr. White shall advise the court as to whether Plaintiff wishes to continue with this case and to file a response to the court's order by September 6, 2011. Plaintiff is further advised that if she fails to respond, this action will be dismissed with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on 8/23/2011. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
JoAnne Sivak,
Plaintiff,
vs.
Town of Atlantic Beach and Officer
Terrance Wiggins,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

C/A No.: 4:10-1832-SVH

ORDER

This matter comes before the court on the failure of Plaintiff and her attorney to
respond to the court’s July 21, 2011 order. [Entry #36]. Plaintiff previously filed a pro se
motion for an extension of time to obtain counsel in light of her attorney’s suspension.
[Entry #33]. It appearing that Mr. White had been reinstated to practice law in South
Carolina, the court lifted the stay in this matter on July 21, 2011 and directed Plaintiff and
her counsel to file a status report by August 18, 2011, addressing whether Plaintiff wishes
to proceed with her case and whether Mr. White will remain as counsel. Id. The order
specified that the status report was to be signed by both Mr. White and Plaintiff. Id.
Additionally, the order directed Plaintiff, in the event that she planned to proceed without
Mr. White as counsel, to direct her new counsel to file a motion for substitution of
counsel by August 18, 2011, or inform the court that she planned to proceed on her own
without counsel. Id. The order was placed in U.S. Mail to Plaintiff at her address of
record [Entry #38] and served on Mr. White through the court’s Electronic Case Filing.

Notwithstanding the specific instructions set forth in the court’s July 21, 2011
order, both Plaintiff and Mr. White have failed to comply with the order. As such, it
appears to the court that Plaintiff wishes to abandon this action. Based on the foregoing, it
is ordered that Plaintiff and Mr. White shall advise the court as to whether Plaintiff
wishes to continue with this case and to file a response to the court’s order by September
6, 2011.

Plaintiff is further advised that if she fails to respond, this action will be

dismissed 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.

August 23, 2011
Florence, South Carolina

Shiva V. Hodges
United States Magistrate Judge

2