Butler v. Bessinger et al

Filing 175

ORDER: The parties are given ten days from the date of this order to file any additional responses to the outstanding motion for summary judgment (ECF # 144 ). No extensions will be granted. Responses are due January 25, 2019. Signed by Magistrate Judge Thomas E Rogers, III on 01/15/2019. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
LAVADRE BUTLER,

)
)
Plaintiff,
)
)
)
vs.
)
TREVOR BESSINGER, LISA YOUNG, GREGORY )
WASHINGTON, MR. ESTERLINE, MR. SUAREZ, )
MR. BRADDY, MR. SHORTER, MR. WILLIAMS, )
)
)
Defendants.
__________________________________________)

C/A No. 4:16-3662-RMG-TER
ORDER

This matter is currently before the court on the motion for summary judgment
filed on behalf of Defendants Bessinger, Young, Washington, Esterline, Suarez,
Braddey, Shorter and Williams. (ECF #144). Because the Plaintiff is proceeding pro
se, the court issued an order on or about July 17, 2018, pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), advising Plaintiff of the motion for summary
judgment procedure and the possible consequences if he failed to respond adequately.
After being granted two extensions to file a response to the motion for summary
judgment, Petitioner failed to file a response. A Report and Recommendation was
issued on December 6, 2018, recommending that the complaint be dismissed for
failure to comply with the PLRA’s exhaustion requirement. Plaintiff filed an
objection to the Report on January 7, 2019, attaching additional documentation. Based
on the objections and subsequent documentation, the district judge entered an order

on January 14, 2019, declining to adopt the Report remanding to the undersigned for
further proceedings. (ECF Nos. 169 and 172). The court will now address Defendants’
motion for summary judgment on the merits. The parties are given ten days from the
date of this order to file any additional responses to the outstanding motion for
summary judgment. No extensions will be granted.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge

January 15, 2019
Florence, South Carolina

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