Ward v. Blackwell et al

Filing 83

ORDER RULING ON REPORT AND RECOMMENDATION: The Court respectfully declines to adopt the Report 75 and recommits this matter to the Magistrate Judge for consideration of the Motion for Summary Judgment and the Response in Opposition. IT IS SO ORDERED. Signed by Honorable Donald C Coggins, Jr. on 01/30/2018. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Matthew J. Ward,

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Plaintiff,
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v.
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James Blackwell, Tamara Ravenell,
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Jack Kicinski,
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Defendants. )
____________________________________)

C/A No. 4:17-cv-00367-DCC

ORDER

This matter is before the Court on the Report and Recommendation (“Report”) of the
Magistrate Judge, recommending dismissal for failure to prosecute pursuant to Federal Rule of
Civil Procedure 41(b) filed on January 16, 2018. ECF No. 75. Specifically, the Magistrate
Judge recommended dismissal because Plaintiff failed to respond to Defendants’ Motion for
Summary Judgment. Plaintiff filed an untimely Response in Opposition to the Motion for
Summary Judgment on January 26, 2018. ECF No. 78. The Court is aware that Plaintiff was
warned twice that failure to timely respond to Defendant’s Motion for Summary Judgment could
subject his case to dismissal; however, out of an abundance of caution for a pro se Plaintiff, the
Court respectfully declines to adopt the Report and recommits this matter to the Magistrate Judge
for consideration of the Motion for Summary Judgment and the Response in Opposition.
IT IS SO ORDERED.
s/ Donald C. Coggins, Jr.
United States District Judge
January 30, 2018
Spartanburg, South Carolina

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