Williams v. Brockenberry et al
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. 32 , by March 2, 2017. 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 2/2/2017. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Ruby Brockenberry, Gary Leamon, )
Charles Reeves, C West, Stacy Carter, E )
C/A No. 5:16-cv-03192-BHH-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 December 27, 2016,
Defendants filed a Motion to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6)
of the Federal Rules of Civil Procedure. ECF No. 32. 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. 33. 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
March 2, 2017. 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.
February 2, 2017
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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