Hill v. Hallman et al
Filing
47
ORDER: Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendant's Motion to Dismiss for Failure to Prosecute 42 by May 27, 2013. Plaintiff is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 5/10/2013. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Douglas J. Hill,
Plaintiff,
v.
Lt Leslie Davis,
Defendant.
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C/A No. 5:12-cv-1428-MGL-KDW
ORDER
Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging
violations of his constitutional rights pursuant to 42 U.S.C. § 1983. Defendant filed a Motion
to Dismiss for Lack of Prosecution on March 19, 2013. ECF No. 42. As Plaintiff is
proceeding pro se, the court entered an order on March 20, 2013 pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of a motion to
dismiss and of the need for him to file an adequate response. ECF No. 43. Plaintiff was
specifically advised that if he failed to respond adequately, Defendant’s 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 he does not oppose the motion and wishes to abandon this action. Based on the
foregoing, Plaintiff is directed to advise the court whether he wishes to continue with this
case and to file a response to Defendant’s Motion to Dismiss for Failure to Prosecute by May
27, 2013.
Plaintiff is further advised that if he 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.
May 10, 2013
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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