United States District Court, District of South Carolina
January 23, 2015
Frank T. Singleton, III, Plaintiff,
Director Myers of the Alvin S. Glenn Detention Center; Officer Scott; Officer White; and Capt. Buff, Defendants.
Shiva V. Hodges Columbia, South Carolina 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 14, 2014. [ECF No. 39]. 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 17, 2014, advising him of the importance of the motion for summary judgment and of the need for him to file an adequate response. [ECF No. 40]. Plaintiff was specifically advised that if he failed to respond adequately, Defendants’ motion may be granted. On December 23, 2014, the undersigned extended Plaintiff’s deadline, granting Plaintiff until January 21, 2015, to respond to Defendants’ motion. [ECF No. 43].
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 February 6, 2015. Plaintiff 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.