Simmons v. Byars et al

Filing 185

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 168 by September 22, 2014. Plaintiff is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice against Defendants Byrne, Derrick, Thompson, and Tomarchio for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 8/22/2014. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Darren Simmons,

Plaintiff,
v.

William R. Byars, Jr., Corporal Marvin
Bryant, Off Derrick Ford, Lt Richard
Jenkins, Nurse Alicia Thompson, Dr.
Thomas E. Bryne, Warden John R. Pate,
Ann Hallman, Major Walter Worick, IGC
Ms Pam Smith, Pamela C Derrick, John
Tomarchio, Officer Frazier, A/W Randell
Williams, Officer Ms Sgt Rivers Smith,
Correctional Officer Mr Felder, Officer Mr
Davis, Officer Ms Drayton, Lt Jenkins, Sgt
Cohen, Ms Verlenda Henderson, Ms E
Delaney, Ms Archie, Sgt A DeLoach,
Defendants.

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C/A No. 5:13-cv-02754-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. On July 14, 2014,
Defendants Byrne, Derrick, Thompson, and Tomarchio filed a Motion for Summary
Judgment. ECF No. 168. Because Plaintiff is proceeding pro se, the court entered an order
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 adequate responses. ECF No. 169.
Plaintiff was specifically advised that if he failed to respond adequately, the Defendants’
Motion may be granted, thereby ending this case against them.
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 against these
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 September 22, 2014. Plaintiff is further advised that if he fails to respond, this
action will be recommended for dismissal with prejudice against Defendants Byrne, Derrick,
Thompson, and Tomarchio 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.

August 22, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge