Young v. Eagleton
Filing
28
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 22 by July 8, 2013. 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 6/24/2013. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Derrek Young
Young,
a/k/a
Derrick
Lashan )
)
)
)
Petitioner,
)
)
v.
)
)
)
Willie L. Eagleton, Warden of Evans )
)
Correctional Institution,
)
Respondent.
)
)
C/A No. 5:13-cv-00101-TMC-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 May 13, 2013. ECF No. 22. As Petitioner is proceeding pro se, the court
entered an order on May 13, 2013, 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. 24. Petitioner was informed that his
response was due by June 17, 2013, 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 July 8, 2013. 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.
June 24, 2013
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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