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Crowe v. Warden of Perry Correctional Institution

United States District Court, D. South Carolina

July 28, 2015

Daniel L. Crowe, Petitioner,
v.
Warden of Perry Correctional Institution, Respondent.

ORDER

Shiva V. Hodges United States Magistrate Judge

Petitioner, proceeding pro se, brought this action requesting a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion for summary judgment on April 13, 2015. [ECF No. 34]. 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 14, 2015, advising him of the importance of a motion for summary judgment and of the need for him to file an adequate response by May 18, 2015. [ECF No. 35]. Petitioner was specifically advised that if he failed to respond adequately, Respondent’s motion may be granted, thereby ending this case. Petitioner moved for, and the court granted, two extensions of time until July 17, 2015, within which to file a response.

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, the undersigned orders Petitioner to advise the court as to whether he wishes to continue with this case and to file a response to Respondent’s motion for summary judgment by August 11, 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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