Johnson v. Mauney
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 October 16, 2015. Petitioner is further advised that if he fails to respond, this act will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 9/16/2015. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Christopher Dean Johnson,
Petitioner,
v.
RH Mauney, Warden,
Respondent.
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C/A No. 5:15-cv-01232-MBS-KDW
ORDER
Petitioner, Christopher Dean Johnson, is a state prisoner who filed this pro se Petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 27, 2015, Respondent
filed a Return and Motion for Summary Judgment. ECF Nos. 20, 21. Because Petitioner 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. 22. Petitioner was specifically advised that if he failed to
respond adequately, Respondent’s motion may be granted, thereby ending this case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order and the extension granted to him, Petitioner has failed to respond to
Respondent’s Motion for Summary Judgment. As such, it appears to the court that he does
not oppose the Motion and wishes to abandon this 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 October 16,
2015.
Petitioner 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.
September 16, 2015
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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