Linder v. McCall

Filing 23

ORDER: Petitioner is directed to advise the court whether he wishes to continue with this case and to file a response to Respondent's Motion for Summary Judgment 18 by November 16, 2012. Petitioner is further advised that if he fails to respond, this action against Respondent will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 10/30/2012. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Corey Demond Linder,

Petitioner,
vs.
Warden McCall,
Respondent.

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C/A No.

5:12-cv-2006-CMC-KDW

Order

Petitioner, proceeding pro se and in forma pauperis, brought this action seeking
habeas corpus relief under 28 U.S.C. § 2254. Respondent filed a Motion for Summary
Judgment on September 21, 2012. ECF No. 18. As Petitioner is proceeding pro se, the court
entered an order on September 24, 2012, pursuant to Roseboro v. Garrison, 528 F.2d 309
(4th Cir. 1975), advising Petitioner of the importance of a motion for summary judgment and
of the need for him to file an adequate response. ECF No. 19. Petitioner was informed that
his response was due by October 29, 2012, and was specifically advised that if he failed to
respond adequately, Respondent’s motion may be granted, thereby ending his case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Petitioner has failed to respond to the motion. As such, it appears to the
court that Petitioner does not oppose the motion and wishes to abandon his action against
Respondent. Based on the foregoing, Petitioner is directed to advise the court whether he
wishes to continue with this case and to file a response to Respondent’s Motion for Summary
Judgment by November 16, 2012. Petitioner is further advised that if he fails to respond, this

action against Respondent 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.

October 30, 2012
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge