Ray v. Rhodes et al

Filing 52

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 48 by May 23, 2014. Plaintiff is further advised that if he fails to respond, this action against Defendants will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 5/7/2014. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
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Plaintiff,
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v.
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Cheif Rhodes; John Townsend, Horry )
County Police,
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Defendants.
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Anthony Earl Ray,

C/A No. 4:12-cv-02723-RBH-KDW

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging his
constitutional rights were violated because he was falsely arrested. Defendants filed a Motion
for Summary Judgment on March 26, 2014. ECF No. 48. As Plaintiff is proceeding pro se,
the court entered an order on March 27, 2014, pursuant to Roseboro v. Garrison, 528 F.2d
309 (4th Cir. 1975), advising Plaintiff of the importance of a motion for summary judgment
and of the need for him to file an adequate response. ECF No. 49. Plaintiff was informed
that his response was due by May 1, 2014, and was specifically advised that if he failed to
respond adequately, Defendants’ Motion may be granted, thereby ending his 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 Plaintiff does not oppose the motion and wishes to abandon his action against
Defendants. 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 May 23, 2014. Plaintiff is further advised that if he fails to respond, this action

against Defendants 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.

May 7, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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