Robinson v. Amonitti et al

Filing 81

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, or in the alternative, Motion for Summary Judgment, by January 27, 201 4. 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 1/9/2014. (mcot, ) Modified on 1/9/2014 to edit text (mcot, ).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Corey Jawan Robinson,

Plaintiff,
v.

MD George Amonitti, Practitioner Ms. E
Holcomb, Doctor B Awood, and CCC L
Fripp,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

C/A No.: 5:13-cv-00504-JMC-KDW

ORDER

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983.
On November 21, 2013, Defendants filed a Motion to Dismiss, or in the alternative, Motion
for Summary Judgment. ECF No. 75. As Plaintiff is proceeding pro se, the court entered an
order on November 22, 2013, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.
1975), advising him of the importance of such motions and of the need for him to file an
adequate response. ECF No. 76. 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, or in the alternative, Motion for
Summary Judgment by January 27, 2014. 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.

January 9, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge