McDonald v. Marlboro County

Filing 38

ORDER: If Plaintiff wishes to pursue his case, he is ordered to file a legal memorandum in response to Defendant's Motion for Summary Judgment 36 no later than May 30, 2013. Plaintiff is advised that if he fails to comply with this deadline, the undersigned will recommend this case be dismissed with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 5/16/2013. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Demetrius McDonald,

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Plaintiff, )
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vs.
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Marlboro County, doing business as
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Marlboro County Detention Center,
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Defendant. )

C/A No. 5:12-1725-RBH-KDW

ORDER

Plaintiff, appearing through counsel, brought this action in the Court of Common Pleas
for the Fourth Judicial Circuit of South Carolina, alleging a cause of action pursuant to 42 U.S.C.
§ 1983, inter alia. Defendant removed the action to this court on June 22, 2012. ECF No. 1.
Pursuant to the court’s Amended Scheduling Order, Defendant timely filed a Motion for
Summary Judgment on April 25, 2013. ECF No. 36. Plaintiff’s response to Defendant’s Motion
was due no later than May 13, 2013. See Loc. Civ. R. 7.06, see also ECF No. 36. To date,
Plaintiff has not filed a response to Defendant’s Motion, nor has he requested an extension of
time within which to respond. Accordingly, it appears to the court that Plaintiff may wish to
abandon this action. If Plaintiff wishes to pursue his case, he is ordered to file a legal
memorandum in response to Defendant’s Motion for Summary Judgment no later than May 30,
2013. See Loc. Civ. R. 7.06. Plaintiff is advised that if he fails to comply with this deadline, the
undersigned will recommend this case be dismissed 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 16, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge