Sims v. Cartledge

Filing 27

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 21 by April 7, 2014. 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 3/20/2014. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Phillip Sims,

Petitioner,
v.

Warden Cartledge,
Respondent.

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C/A No. 5:13-cv-02291-DCN-KDW

ORDER

Petitioner, proceeding pro se brought this action seeking habeas corpus relief under
28 U.S.C. § 2254. Respondent filed a Motion for Summary Judgment on February 10, 2014.
ECF No. 21. As Petitioner is proceeding pro se, the court entered an order on February 11,
2014, 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. 23. Petitioner was informed that his response was due by March 17,
2014, 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 April 7, 2014. 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.

March 20, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge