United States District Court, D. South Carolina
Michael Drew Newcomb, Jr, Plaintiff, Pro se, Bennettsville, SC.
For Lt Louis Miles, Lt Perry Powell, Lt R Moultry, Sgt Gaddy, Warden Willie Eagleton, Defendants: Walker Heinitsh Willcox, LEAD ATTORNEY, Willcox Buyck and Williams, Florence, SC.
Shiva V. Hodges, United States Magistrate Judge.
Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging violations of his constitutional rights pursuant to 42 U.S.C. § 1983. Defendants filed a motion for summary judgment on November 5, 2014. [ECF No. 23]. As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on November 6, 2014, advising him of the importance of the motion for summary judgment and of the need for him to file an adequate response by December 11, 2014. [ECF No. 24]. Plaintiff was specifically advised that if he failed to respond adequately, Defendants' motion may be granted.
Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, Plaintiff 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, Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendants' motion for summary judgment by December 29, 2014. Plaintiff is further advised that if he fails to respond, this action will be ...