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Ray v. Rhodes, 4:12-cv-02723-RBH-KDW. (2014)

Court: District Court, D. South Carolina Number: infdco20140630f42 Visitors: 5
Filed: May 29, 2014
Latest Update: May 29, 2014
Summary: Report and Recommendation KAYMANI D. WEST, 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. On March 24, 2014, Defendants filed a Motion for Summary Judgment. ECF No. 35. As Plaintiff is proceeding pro se, the court entered an order on March 27, 2014, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of such motions and of th
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Report and Recommendation

KAYMANI D. WEST, 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. On March 24, 2014, Defendants filed a Motion for Summary Judgment. ECF No. 35. As Plaintiff is proceeding pro se, the court entered an order on March 27, 2014, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of such motions and of the need for him to file an adequate response. ECF No. 49. Plaintiff was specifically advised that if he failed to respond adequately, Defendants' motion may be granted, thereby ending this case. Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, Plaintiff failed to respond to Defendants' Motion for Summary Judgment.

On May 7, 2014, the court ordered Plaintiff to advise whether he wished to continue with the case by May 23, 2014. ECF No. 52. Plaintiff has filed no response. As such, it appears to the court that he does not oppose the motion of Defendants 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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