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Carter v. Reynolds

United States District Court, D. South Carolina

September 17, 2014

Tracey F. Carter, Petitioner,
v.
Cecilia Reynolds, Warden, Respondent.

ORDER

SHIVA V. HODGES, Magistrate Judge.

Petitioner, proceeding pro se, brought this action requesting a writ of habeas corpus. Respondent filed a motion to dismiss on August 8, 2014. [Entry #39]. As Petitioner is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on August 11, 2014, advising him of the importance of a motion to dismiss and of the need for him to file an adequate response by September 15, 2014. [Entry #40]. Petitioner was specifically advised that if he failed to respond adequately, Respondent's motion may be granted, thereby ending this case.

Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, Petitioner has failed to respond to the motion. As such, it appears to the court that he does not oppose the motion and wishes to abandon this action. Based on the foregoing, it is ordered that Petitioner shall advise the court as to whether he wishes to continue with this case and to file a response to Respondent's motion to dismiss by October 1, 2014. Petitioner is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed.R.Civ.P. 41(b).

IT IS SO ORDERED.


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