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Hester v. Warden Evans Correctional Institution

United States District Court, D. South Carolina, Charleston Division

June 2, 2014

Timothy Charles Hester, Petitioner,
v.
Warden Evans Correctional Institution, Respondent.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

BRUCE HOWE HENDRICKS, Magistrate Judge.

The Petitioner brought this action seeking relief pursuant to 28 U.S.C. ยง 2254. On November 25, 2013, the Respondent filed a Motion for Summary Judgment. (Dkt. No. 11; see also Dkt. No. 10.) By order of this Court filed November 26, 2013, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Petitioner was advised of the summary judgment procedure and the possible consequences if he failed to respond adequately. (Dkt. No. 12.) Despite this explanation, and numerous extensions of time, the Petitioner did not respond to the motion. (Dkt. No. 12; Dkt. No. 15; Dkt. No. 18; Dkt. No. 24; Dkt. No. 27.)

As the Petitioner is proceeding pro se, the Court filed a second order on May 7, 2014, giving the Petitioner through May 27, 2014, to file his Response to the Motion for Summary Judgment. (Dkt. No. 29.) The Petitioner was specifically advised that if he failed to respond, this action would be dismissed with prejudice for failure to prosecute. No Response has been filed.

Based on the foregoing, it appears the Petitioner 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).


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