George v. Culick ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Vernon George, ) C/A No. 0:19-1789-SAL-PJG ) Plaintiff, ) ) v. ) ORDER ) Nurse Culick; Turbeville Correctional ) Institution’s Medical Staff, ) ) Defendants. ) ) The plaintiff has filed this action, pro se, seeking relief pursuant to 42 U.S.C. § 1983. Plaintiff, an inmate with the South Carolina Department of Corrections, alleges violations of his constitutional rights by the named defendants. The defendants filed a motion for summary judgment on February 12, 2020, pursuant to the Federal Rules of Civil Procedure. (ECF No. .) As the plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on February 13, 2020, advising the plaintiff of the importance of a motion for summary judgment and of the need for him to file an adequate response. (ECF No. 46.) The plaintiff was specifically advised that if he failed to respond adequately, the defendants’ motion may be granted, thereby ending his case. Notwithstanding the specific warning and instructions set forth in the court’s Roseboro order, the plaintiff 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. However, on March 16, 2020, the court issued Standing Order, Misc. No. 3:20-mc-105, that extended the plaintiff’s deadline by twenty-one days from the set deadline—which in this instance was March 19, 2020—due to the current public health emergency regarding COVID-19. Accordingly, it is hereby ORDERED that the plaintiff shall advise the court as to whether he wishes to continue with this case and to file a response to the defendants’ motion for summary judgment on or before April 9, 2020. Plaintiff 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. March 25, 2020 Paige J. LA Columbia, South Carolina UNITED STATES MAGISTRATE JUDGE Page 2 of 2