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Henry v. Warden of McCormick Correctional Institution

United States District Court, D. South Carolina

July 14, 2015

William Jermaine Henry, Petitioner,
v.
Warden of McCormick Correctional Institution, Respondent.

ORDER

Shiva V. Hodges United States Magistrate Judge

Petitioner, proceeding pro se and in forma pauperis, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion for summary judgment on April 24, 2015. [ECF No. 23]. As Petitioner is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on April 27, 2015, advising him of the importance of the motion for summary judgment and of the need for him to file an adequate response by June 1, 2015. [ECF No. 25]. Petitioner was specifically advised that if he failed to respond adequately, Respondent’s motion may be granted. On June 2, 2015, the undersigned extended Petitioner’s deadline, granting him until July 2, 2015, to respond to Respondent’s motion. [ECF No. 28].

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, Petitioner is directed to advise the court whether he wishes to continue with this case and to file a response to Respondent’s motion for summary judgment by July 28, 2015. 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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