Cook v. McCabe et al

Filing 32

ORDER: Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendants' Motion for Summary Judgment 27 by March 18, 2013. Plaintiff is further advised that if he fails to respond, this action against Defendants will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 2/28/2013. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Jerod J. Cook,
Plaintiff,
v.
Warden Wayne C McCabe, Lt Darryl
McGhee, et al.,
Defendants.

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C/A No. 5:12-cv-2608-RMG-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 for Summary Judgment on January 18, 2013. ECF No. 27. As Plaintiff is proceeding
pro se, the court entered an order on January 22, 2013, pursuant to Roseboro v. Garrison, 528
F.2d 309 (4th Cir. 1975), advising Plaintiff of the importance of a motion for summary
judgment and of the need for him to file an adequate response. ECF No. 28. Plaintiff was
informed that his response was due by February 25, 2013, and was specifically advised that if
he failed to respond adequately, Defendants’ motion may be granted, thereby ending his 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 Plaintiff does not oppose the motion and wishes to abandon his action against
Defendants. 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 for Summary
Judgment by March 18, 2013. Plaintiff is further advised that if he fails to respond, this

action against Defendants 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.

February 28, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge