Lomax v. State of South Carolina

Filing 35

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. 32 ) by August 8, 2016. Petitioner is further advised that if he fails to respond, this action against Respondent will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 7/6/2016. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Carius Kenta Lomax,

Petitioner,
v.

Warden, Perry Correctional Institution,
Respondent.

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C/A No. 5:16-cv-00398-MGL-KDW

ORDER

Petitioner, proceeding pro se brought this action seeking habeas corpus relief under
28 U.S.C. § 2254. Respondent filed a Motion for Summary Judgment on May 23, 2016. ECF
No. 32. As Petitioner is proceeding pro se, the court entered an order on May 24, 2016,
pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising Petitioner of the
importance of a motion for summary judgment and of the need for him to file an adequate
response. ECF No. 33. Petitioner was informed that his response was due by June 27, 2016,
and was specifically advised that if he failed to respond adequately, Respondent’s motion
may be granted, thereby ending his case.
Notwithstanding the specific warning and instructions set forth in the court’s
Roseboro order, Petitioner has failed to respond. As such, it appears to the court that
Petitioner does not oppose the motion and wishes to abandon his 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 August 8, 2016. Petitioner is further advised that if he fails to respond, this action against
Respondent 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 6, 2016
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge