Kirtman v. Helbig et al

Filing 96

ORDER: The parties are directed to file any affidavits or documents relating to the service and/or receipt of the pending motions in this case within ten days of the date of this order. Plaintiff should include an explanation of how he became aware that these motions were filed. Signed by Magistrate Judge Thomas E Rogers, III on 07/27/2017. (dsto, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION DERRICK E. KIRTMAN, ) ) Plaintiff, ) ) -vs) ) ) CHAPLIN HELBIG, S.I.A. STIVERS, ) WARDEN CRUZ, ASSISTANT ) HOSPITAL ADMINISTRATOR ) WHITEHURST, and ASSISTANT ) WARDEN LANDFORD, ) ) Defendants. ) ___________________________________ ) Civil Action No.: 4:16-cv-2839-TMC-TER ORDER Defendants filed a Motion for Summary Judgment (Document # 85) on June 9, 2017. An Order (Document # 86) was entered pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), giving Plaintiff until July 13, 2017, to respond to the motion and warning Plaintiff that a failure to respond to Defendants’ motion could result in the motion being granted, resulting in dismissal of his claims. On July 12, 2017, Plaintiff filed a letter (Document # 94) to the clerk of court stating “that of [sic] July 6th, 2017, I have not received any copies of orders or motions from the Court. Specifically, I have not received copies of the Government’s motion for summary judgment, motion for leave to file excess pages, and any related attachments or orders granting them.” Plaintiff asks the court to forward him “the most recent Government motions in this case, along with all related documents as soon as possible. Also, that this letter be made party of the record in support of any needed motions that may have to be filed for extensions of time to respond if needed.” The parties are directed to file any affidavits or documents relating to the service and/or receipt of the pending motions in this case within ten days of the date of this order. Plaintiff should include an explanation of how he became aware that these motions were filed. IT IS SO ORDERED. s/Thomas E. Rogers, III Thomas E. Rogers, III United States Magistrate Judge July 27, 2017 Florence, South Carolina -2-

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