Carter v. Brown et al

Filing 37

REPORT AND RECOMMENDATIONS recommending 1 Complaint filed by James Carter, III, be dismissed with prejudice for lack of prosecution and for failure to comply with this Court's orders. Objections to R&R due by 10/27/2008. Signed by Magistrate Judge Bruce Howe Hendricks on 10/8/08. (Attachments: # 1 Objection Notice)(kmca)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION James Carter, III, #179230, ) Civil Action No.: 8:07-4010-RBH-BHH ) Plaintiff, ) ) REPORT AND RECOMMENDATION vs. ) OF MAGISTRATE JUDGE ) Steve Brown, Greenwood City ) Administrator; and Lt. David Gurley, ) Greenwood City Police Department., ) ) Defendants. ) The plaintiff brought this action seeking relief pursuant to Title 42, United States Code, Section 1983. On July 25, 2008, the defendants filed a motion for summary judgment. On July 28, 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 did not respond to the motion. As the plaintiff is proceeding pro se, the court filed a second order on September 8, 2008, giving the plaintiff through October 2, 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. Again, the plaintiff did not 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 with prejudice for lack of prosecution and for failure to comply with this Court's orders, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and the factors outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir.1982). See Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989).

s/Bruce H. Hendricks United States Magistrate Judge October 8, 2008 Greenville, South Carolina Carolina