Pauling v. Marlboro County Sheriffs Office et al

Filing 56

ORDER: Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendants' Motion for Summary Judgment 47 by March 25, 2013. Plaintiff is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 3/6/2013. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
James Albert Pauling,

Plaintiff,
v.

Marlboro County Sheriffs Office; Chief
Deputy Lemon; Training Officer Deputy
Ackers,
Defendants.

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C/A No. 4:11-2868-RBH-KDW

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging
violations of his constitutional rights pursuant to 42 U.S.C. § 1983. Defendants filed a motion
for summary judgment on October 30, 2012. ECF No. 47. As Plaintiff is proceeding pro se,
the court entered an order on October 30, 2012, pursuant to Roseboro v. Garrison, 528 F.2d
309 (4th Cir. 1975), advising him of the importance of a motion for summary judgment and
of the need for him to file an adequate response. ECF No. 48. Plaintiff was specifically
advised that if he failed to respond adequately, Defendants’ motion may be granted, thereby
ending this case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Plaintiff has failed to respond to the motion. As such, it appears to the court
that he does not oppose the motion and wishes to abandon this action. Based on the
foregoing, Plaintiff is directed to advise the court whether he wishes to continue with this
case and to file a response to Defendants’ Motion for Summary Judgment by March 25,

2013. Plaintiff is further advised that if he fails to respond, this action will 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).
IT IS SO ORDERED.

March 6, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge