Singletary v. Norris et al

Filing 43

ORDER: Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendants' Motion to Dismiss 38 by April 8, 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 3/21/2013. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Melvin L. Singletary,

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Plaintiff,
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v.
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Joey Norris, Joyce Brunson, Tressa )
Henneghai, Alliyah Harris, and Amy )
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Webber,
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Defendants.
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C/A No. 5:12-cv-02384-GRA-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. Defendants filed a motion
to dismiss on February 11, 2013. ECF No. 38. As Plaintiff is proceeding pro se, the court
entered an order on February 12, 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. 39. Plaintiff was specifically advised that if he failed to
respond adequately, Defendants’ 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 Defendants’ Motion to Dismiss by April 8, 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.

March 21, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge