Collins v. Anderson et al

Filing 23

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Blaine Collins. (Attachment(s) : # 1 Objection Notice). Objections to R&R due by 1/15/2009. Signed by Magistrate Judge Bruce Howe Hendricks on 12/23/08. (mdoe, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENW OOD DIVISION Blaine Collins, #173138 ) Civil Action No. 8:08-2489-HMH-BHH ) Plaintiff, ) ) vs. ) REPORT AND RECOMMENDATION ) OF MAGISTRATE JUDGE Joel Anderson, Warden Wateree ) Correctional; Ms. Richardson, Head ) W ateree Class.; and Dr. Kay, M.D. of ) W ateree SCDC, ) ) Defendants. ) The plaintiff brought this action seeking relief pursuant to Title 42, United States Code, Section 1983. On October 2, 2008, the defendants filed a motion for summary judgment. On October 3, 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 November 12, 2008, giving the plaintiff through December 5, 2009, 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 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 December 23, 2008 Greenville, South Carolina Carolina