Marcus v. South Carolina, State of

Filing 26

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 June 5, 2015. Petitioner is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice against Petitioner for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 5/5/2015. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Luther Brian Marcus,

Petitioner,
v.

Warden Allendale Correctional Institution,
Respondent.

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C/A No. 5:14-cv-04390-DCN-KDW

ORDER

Petitioner is a state prisoner who filed this pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On March 23, 2015, Respondent filed a Motion for Summary
Judgment and Return and Memorandum to his Petition. ECF Nos. 21, 22. 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. 23. Petitioner was specifically advised that if he failed to
respond adequately, the Respondent’s Motion may be granted, thereby ending this case
against him.
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 he does not oppose the Motion and wishes to abandon this action. 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 June 5, 2015.
Petitioner is further advised that if he fails to respond, this action will be recommended for

dismissal with prejudice against Petitioner 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.

May 5, 2015
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge