Escalante v. Anderson County Sheriff's Department et al

Filing 15

ORDER re 12 MOTION to Dismiss filed by Janice W Rodgers, David L Rodgers. Plaintiff shall have through March 13, 2015 in which to file his response to the motion to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 3/3/2015. (abuc)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Mario Escalante,
Plaintiff,
vs.
Anderson County Sheriff's
Department, Sheriff John Skipper,
Sergeant Andrew R. Hyslop, Deputy
Brandon Surratt, City of Anderson
Police Department, Chief of Police
James S. Stewart, David L. Rodgers
d/b/a Whitehall Express Mart, Janice
W. Rodgers d/b/a Whitehall Express
Mart, John Does 1-20,
Defendants.

) Civil Action No.: 8:15-cv-00177-MGL-JDA
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ORDER
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Plaintiff brought this action seeking relief pursuant to 42 U.S.C. § 1983. On
February 12, 2015, Defendants David L. Rodgers and Janice W. Rodgers filed a motion
to dismiss. [Doc. 12.] Thus, Plaintiff's response was due on March 2, 2015. To date,
Plaintiff has failed to file a response to the motion to dismiss. Therefore,
IT IS ORDERED that Plaintiff shall have through March 13, 2015 in which to file his
response to the motion to dismiss. Plaintiff is advised that if he fails to respond, this action
will be subject to dismissal for failure to prosecute pursuant to Federal Rule of Civil
Procedure 41(b), and for failure to comply with this Court’s orders, pursuant to Rule 41(b)
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). The dismissal will be
considered an adjudication on the merits, i.e., with prejudice.

IT IS SO ORDERED.
s/Jacquelyn D. Austin
United States Magistrate Judge
March 3, 2015
Greenville, South Carolina