Buff v. South Carolina Department of Corrections 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 Defendant's Motion for Summary Judgment 71 by September 30, 2015. 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 8/31/2015. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
David Buff,
Plaintiff,
v.
Bryan P Stirling,
Defendant.
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C/A No. 5:14-cv-03022-TLW-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 June 19, 2015,
Defendant filed a Motion for Summary Judgment. ECF No. 71. In an order granting Plaintiff
an extension on his response filing date and because Plaintiff is proceeding pro se, the court
advised him of the importance of such motions and of the need for him to file adequate
response pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). ECF No. 76.
Plaintiff was specifically advised that if he failed to respond adequately, the Defendant’s
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 against this Defendant.
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 Defendant’s Motion for Summary Judgment by
September 30, 2015. 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.
August 31, 2015
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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