Hayes v. Williams

Filing 40

ORDER re: 34 Order Ruling on Report and Recommendations. A review of Defendants summary judgment motion 26 and Plaintiffs response 37 thereto, received almost a month after it should have been filed, does not lead thi s court to find that this matter should be reopened. Plaintiffs response to Defendants dispositive motion is inadequate, and the result (dismissal with prejudice) remains the same. Signed by Honorable Cameron McGowan Currie on 07/17/2012. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Favian Hayes,

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Plaintiff,
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v.
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Mental Health Counselor Mr. Williams,
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Defendant.
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___________________________________ )

C/A NO. 4:11-2838-CMC-TER

OPINION and ORDER

On July 12, 2012, the undersigned adopted the Report and Recommendation (“Report”) of
United States Magistrate Judge Thomas E. Rogers, III, and dismissed this matter with prejudice due
to Plaintiff’s failure to prosecute this matter. ECF No. 34. Judgment was entered by the Clerk that
same day. ECF No. 35.
On July 12, 2012, the Clerk received “Plaintiff [sic] Objection to Summary Judgment.” ECF
No. 37. This response to Defendant’s summary judgment motion is dated July 1, 2012; however,
it was received in the McCormick Correctional Institution mailroom on July 9, 2012. See Envelope
at 2 (ECF No. 37-1). Plaintiff’s response to Defendant’s summary judgment motion was due,
however, on June 11, 2012.
A review of Defendant’s summary judgment motion and Plaintiff’s response thereto,
received almost a month after it should have been filed, does not lead this court to find that this
matter should be reopened. Plaintiff’s response to Defendant’s dispositive motion is inadequate, and
the result (dismissal with prejudice) remains the same.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
July 17, 2012