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Stewart v. Pate

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

June 10, 2015

Morris Stewart, also known as Morris Fitzgerald Stewart, Jr., #343460, Petitioner,
v.
John Pate, Warden, Respondent.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

MARY GORDON BAKER, Magistrate Judge.

The Petitioner brought this action seeking relief pursuant to Title 28, United States Code, Section 2254. On March 26, 2015, Respondent filed a Motion for Summary Judgment. (Dkt. No. 14; see also Dkt. No. 15.) By Order of this court filed March 26, 2015, 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. 16.) Despite the explanation in the Roseboro Order, the Petitioner did not respond.

As the Petitioner is proceeding pro se, the court filed an Order on May 15, 2015, giving the Petitioner through June 4, 2015, to file his response to the Motion for Summary Judgment. (Dkt. No. 18.) The Petitioner was specifically advised that if he failed to respond, this action would be dismissed with prejudice for failure to prosecute. The Petitioner did not respond.

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).

IT IS SO RECOMMENDED.


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