Starr v. Jordan et al

Filing 53

ORDER: Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendant's Motion for Summary Judgment 48 by November 21, 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 11/5/2013. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Levern Starr,

Plaintiff,
v.

Solicitor Patricia Singleton Parr,

Defendant.

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C/A No.4:13-cv-1033-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. On September 26, 2013,
Defendant Parr filed a Motion for Summary Judgment. ECF No. 48. As Plaintiff is
proceeding pro se, the court entered an order on September 27, 2013, pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of motions to
dismiss and of the need for him to file an adequate response. ECF No. 49. Plaintiff was
specifically advised that if he failed to respond adequately, Defendant’s 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 Defendant’s Motion for Summary Judgment by November 21,
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.

November 5, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge