Muhaimin v. Jacobs et al
Filing
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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 to Dismiss, ECF No. 15 , by April 11, 2016. 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 3/31/2016. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Shakur A. Muhaimin,
Plaintiff,
vs.
Dr. T. Jacobs, and
Dr. Barry Weissglass,
Defendants.
) C/A No. 5:15-cv-04972-JFA-KDW
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ORDER
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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 February 19, 2016, Defendant filed
a Motion to Dismiss the case. ECF No. 15. Because Plaintiff is proceeding pro se, on February
22, 2016 the court entered an Order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.
1975) advising him of the importance of a motion to dismiss and of the need for him to file an
adequate response. ECF No. 18. Plaintiff was specifically advised that if he failed to respond
adequately, 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. 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 to Dismiss by April 11, 2016. 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.
March 31, 2016
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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