Shirar v. Riley

Filing 21

REPORT AND RECOMMENDATION recommending 1 Complaint filed by Billy J Shirar be dismissed for failure to prosecute. Objections to R&R due by 12/8/2008. Signed by Magistrate Judge William M Catoe on 11/19/08. (Attachments: # 1 Objection notice)(ladd, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Billy J. Shirar, ) ) Plaintiff, ) ) ) ) ) ) Defendants. ) )

Civil Action No. 6:07-3955-RBH-WMC REPORT OF MAGISTRATE JUDGE

vs. Lieutenant Riley, et al.,

The plaintiff brought this action seeking relief pursuant to Title 42, United States Code, Section 1983. On March 5, 2008, the defendants filed a motion for summary judgment. On March 6, 2008, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the plaintiff was advised of the summary judgment procedure and the possible consequences if he failed to respond adequately. Despite this explanation, the plaintiff elected not to respond to the motion. As the plaintiff is proceeding pro se, the court filed a second order on May 6, 2008, giving the plaintiff through May 30, 2008, to file his response to the motion for summary judgment. The plaintiff was specifically advised that if he failed to respond, this action would be dismissed for failure to prosecute. The plaintiff elected not to respond. Based on the foregoing, it appears the plaintiff no longer wishes to pursue this action. Accordingly, it is recommended that this action be dismissed for lack of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989), cert. denied, 493 U.S. 1084 (1990).

s/W illiam M. Catoe United States Magistrate Judge November 19, 2008 Greenville, South Carolina