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Canty v. Resolute Forest Products, 0:15-2438-MGL-SVH. (2016)

Court: District Court, D. South Carolina Number: infdco20160622e21 Visitors: 38
Filed: May 25, 2016
Latest Update: May 25, 2016
Summary: REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging he was wrongfully terminated. Defendants filed a motion for summary judgment on March 28, 2016. [ECF No. 28]. As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of the motion and of the need for him to file an adequate response by May 2, 201
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REPORT AND RECOMMENDATION

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging he was wrongfully terminated. Defendants filed a motion for summary judgment on March 28, 2016. [ECF No. 28]. As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of the motion and of the need for him to file an adequate response by May 2, 2016. [ECF No. 29]. Plaintiff was specifically advised that if he failed to respond adequately, Defendants' motion may be granted. Id. Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, Plaintiff failed to respond to the motion.

On May 5, 2016, the court ordered Plaintiff to advise whether he wished to continue with the case by May 19, 2016. [ECF No. 34]. Plaintiff has filed no response. 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 recommends this action be dismissed 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 RECOMMENDED.

Source:  Leagle

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