Centeno v. Meeks et al

Filing 41

ORDER: The motion to dismiss 26 is being converted to a motion for summary judgment. Defendants have an additional five days from the date of this order to make any additional submissions in accordance with Rule 56 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Thomas E Rogers, III on 1/18/2017. (dsto, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Alexis Centeno, #14146-055, ) C/A No. 4:16-1482-BHH-TER ) ) Plaintiff, ) ORDER ) vs. ) Mr. J. Meeks, Warden; Mrs. Simmons, Assistance) Warden; Mr. Ray Burn, Capetian; Mrs. Urrea, HSA;) Mr. Whitehurst, AHSA; Dr. Luranth, Medical Director;) ) Dr. Massa, Medical Doctor, ) ) Defendants. ____________________________________________) Plaintiff Alexis Centeno, a federal prisoner proceeding pro se, filed this Bivens1 action on May 6, 2016. Plaintiff is currently housed at FCI Williamsburg. Defendants filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) on September 27, 2016. As both parties have submitted evidence outside of the pleadings, the motion to dismiss is being converted to a motion for summary judgment. Defendants have an additional five days from the date of this order to make any additional submissions in accordance with Rule 56 of the Federal Rules of Civil Procedure. The court is issuing an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising Plaintiff of the possible consequences if he fails to respond adequately to the Defendants’ motion for summary judgment and make submissions in accordance with Rule 56 of the Federal Rules of Civil Procedure. 1 See Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 397 (1971). AND IT IS SO ORDERED. s/Thomas E. Rogers Thomas E. Rogers, III United States Magistrate Judge January18, 2017 Florence, South Carolina 2

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