Thompson v. McDonald et al

Filing 42

ORDER adopting 40 Report and Recommendation of Magistrate Judge Bristow Marchant. The Court DISMISSES the complaint. Signed by Honorable Richard M Gergel on 12/29/2016.(ssam, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

BEAUFORT DIVISION

Robert Russell Thompson, #364844,

)

Civil Action No. 9: 16-861-RMG

)

Plaintiff,

)
)

)

~

ORDER

)

Dr. McDonald, Nurse White, Chuck Wright,)
and Major Neal Urch,
)
)

Defendants.

)

This matter is before the Court on the Report and Recommendation of the Magistrate
Judge, recommending that the Complaint be dismissed with prejudice for lack of prosecution. The
Court adopts the Report and Recommendation and dismisses the Complaint with prejudice.
Plaintiff is incarcerated at the MacDougall Correctional Institution for second-degree
burglary and cruelty to animals. He filed the present action under § 1983 on March 17, 2016. On
October 19, 2016, Defendants filed two motions for summary judgment. That day, the Court
entered two Roseboro orders, each advising Plaintiff ofthe importance of a dispositive motion and
of the need for him to file an adequate response. Plaintiff was specifically advised that ifhe failed
to file a properly supported response, the Defendants' motions might be granted, thereby ending
his case.

Notwithstanding the specific warning and instructions as set forth in the Court's

Roseboro orders, the Plaintiff failed to respond to either motion or to contact the Court in any way.

The Magistrate Judge therefore determined Plaintiff meets the criteria for dismissal for lack of
prosecution set forth in Chandler Leasing Corp. v. Lopez, 669 F.2d 929 (4th Cir. 1982), and, on
December 7, 2016, issued a Report and Recommendation recommending dismissal for lack of
prosecution. Plaintiff filed no objections to the recommendation that his action be dismissed. The

-1­

Court therefore ADOPTS the Report and Recommendation of the Magistrate Judge (Dkt. No. 40)
as the Order of the Court and DISMISSES the complaint.
AND IT IS SO ORDERED.

United States District Court Judge
December 1.1,2016
Charleston, South Carolina

-2­