Greene v. Stirling et al
ORDER re 56 Motion to Dismiss, Motion for Summary Judgment. Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendant's Motion for Summary Judgment by May 8, 2017. Signed by Magistrate Judge Kaymani D. West on 4/11/2017. (hcic, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Christopher Greene, III,
Bryan P Stirling, Jerry B Adger, Cecilia
Reynolds, Angelica Brown, Vivian
McCall, Tonia Washington, Tonya Nelson,
Sophia Richardson, Sara Adger, Ms Smith,
and Jason Summers,
C/A No. 5:16-cv-00587-JMC-KDW
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 21, 2017,
Defendants filed a Motion to Dismiss for Failure to State a Claim, or in the Alternative, a
Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
ECF No. 56. In an order the court advised Plaintiff of the importance of such motions and of
the need for him to file an adequate response pursuant to Roseboro v. Garrison, 528 F.2d 309
(4th Cir. 1975). ECF No. 57. Plaintiff was specifically advised that if he failed to respond
adequately, the Defendants’ 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 against Defendants.
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 for Summary Judgment by May
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.
April 11, 2017
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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