Jenkins v. Pate

Filing 49

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 (ECF No. 38 ) by March 30, 2016. 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 3/16/2016. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Casey Jenkins, #349382,

Petitioner,
v.
John R. Pate,
Respondent.

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C/A No. 5:15-cv-02241-JMC-KDW

ORDER

Petitioner, Casey Jenkins, is a state prisoner who filed this pro se Petition for a Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. On November 19, 2015,
Respondent filed a Return and Motion for Summary Judgment. ECF Nos. 37, 38. 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. 39. 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 notwithstanding two extensions of the deadline for a response, ECF Nos.
43, 46, Petitioner has failed to respond to the Motion and the extended deadline has now
passed. 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 March 30, 2016. 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.

March 16, 2016
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge