Clunie v. Horry County Sheriff's Department et al

Filing 37

ORDER: Plaintiff is directed to advise the court whether she wishes to continue with this case and to file a response to Defendants' Motion for Summary Judgment, ECF No. 31 , by February 13, 2017. Plaintiff is further advised that if she fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 1/18/2017. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Mary G. Clunie,

)
)
Plaintiff,
)
)
v.
)
)
Horry County Sheriff’s Department; )
Phillip Thompson, Sheriff; Paul Butler, )
Former Chief Deputy; and Steve Parker, )
Former Captain,
)
)
Defendants.
)

C/A No. 4:16-cv-02822-RBH-KDW

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging
violations of her constitutional rights pursuant to 42 U.S.C. § 1983. On December 7, 2016,
Defendants filed a Motion to Dismiss pursuant to Rules 12(b)(1) and (6) of the Federal Rules
of Civil Procedure. ECF No. 31. In an order the court advised Plaintiff of the importance of
such motions and of the need for her to file adequate response pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975). ECF No. 34. Plaintiff was specifically advised that if
she failed to respond adequately, the 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 she does not oppose the Motion and wishes to abandon this action against Defendants.
Based on the foregoing, Plaintiff is directed to advise the court whether she wishes to
continue with this case and to file a response to Defendants’ Motion for Summary Judgment
by February 13, 2017. Plaintiff is further advised that if she 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.

January 18, 2017
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge