United States District Court, D. South Carolina
November 21, 2014
Tyler Sebastian Haway, Plaintiff,
Southern Health Partners; Dr. Gary Sellman, in his official capcity as jail physician, Defendant
Tyler Sebastian Haway, Plaintiff, Pro se, Kershaw, SC.
For Southern Health Partners, Dr Gary Sellman, in his official capacity as jail physician (Gary Selman), Defendants: Amy Harmon Geddes, James G Long, III, LEAD ATTORNEYS, Nexsen Pruet Jacobs and Pollard, Columbia, SC.
REPORT AND RECOMMENDATION
Paige J. Gossett, UNITED STATES MAGISTRATE JUDGE.
The plaintiff, proceeding pro se, brought this action seeking relief pursuant to 42 U.S.C. § 1983. On October 14, 2014, the defendants filed a motion for summary judgment. (ECF No. 38.) By order of this court filed October 15, 2014 pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the plaintiff was advised of the dismissal and summary judgment procedures and the possible consequences if he failed to respond adequately. (ECF No. 39.) Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, the plaintiff failed to respond to the motion. Therefore, the plaintiff meets all of the criteria for dismissal under Chandler Leasing Corp. v. Lopez, 669 F.2d 919 (4th Cir. 1982).
Accordingly, it is recommended that this action be dismissed with prejudice for lack of prosecution. See Davis, 588 F.2d at 70; Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989) (stating that magistrate judge's prior explicit warning that a recommendation of dismissal would result from the plaintiff failing to obey his order was proper grounds for the district court to dismiss the suit when the plaintiff did not comply despite the warning), cert. denied sub nom, Ballard v. Volunteers of America, 493 U.S. 1084, 110 S.Ct. 1145, 107 L.Ed.2d 1049 (1990); Fed.R.Civ.P. 41(b). In light of the court's recommendation, the court further recommends that any pending motions (ECF Nos. 23 & 38) be terminated.