Bryan v. McFadden

Filing 15

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 to Dismiss 11 by August 14, 2015. Petitioner 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 7/16/2015. (mcot, ) Modified on 7/16/2015 to edit text (mcot, ).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
T. Terell Bryan,

Petitioner,
v.

Warden McFadden,
Respondent.

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C/A No. 5:15-cv-01483-TMC-KDW

ORDER

Petitioner, T. Terell Bryan, is a state prisoner who filed this pro se Petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. On June 8, 2015, Respondent filed a Motion
to Dismiss. ECF No. 11. 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. 12.
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, 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 against
Respondent. 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 Respondent’s Motion to Dismiss
by August 14, 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.

July 16, 2015
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge