8:08-cv-02189 | D.S.C. | Jan 8, 2009
8:08-cv-02189-HFF Date Filed 01/08/09 Entry Number 24 Page 1 of 1
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Gilbert Jerome Ralls, #301841, ) Civil Action No.: 8:08-2189-HFF-BHH ) Plaintiff, ) ) vs. ) REPORT AND RECOMMENDATION ) OF MAGISTRATE JUDGE Lt. Leroy Cartledge, Sholanda K. ) Tabb, Nurse Sumner, )
) Defendants. ) The plaintiff brought this action seeking relief pursuant to Title 42, United States Code, Section 1983. On October 21, 2008, the defendants filed a motion for summary judgment. On October 22, 2008, pursuant to Roseboro v. Garrison , 528 F.2d 309" date_filed="1975-10-15" court="4th Cir." case_name="Robert Louis Roseboro v. Sam P. Garrison, Individually and in His Official Capacity as Warden of Central Prison">528 F.2d 309 (4th Cir. 1975), the plaintiff was advised of the summary judgment procedure and the possible consequences if he failed to respond adequately. Despite this explanation, the plaintiff did not respond to the motion.
As the plaintiff is proceeding pro se , the court filed a second order on December 3, 2008, giving the plaintiff through December 29, 2008, to file his response to the motion for summary judgment. The plaintiff was specifically advised that if he failed to respond, this action would be dismissed for failure to prosecute. The plaintiff did not respond.
Based on the foregoing, it appears the plaintiff no longer wishes to pursue this action. Accordingly, it is recommended that this action be dismissed with prejudice for lack of prosecution and for failure to comply with this Court’s orders, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and the factors outlined in Chandler Leasing Corp. v. Lopez , 669 F.2d 919" date_filed="1982-01-22" court="4th Cir." case_name="Chandler Leasing Corporation v. Dr. Clemenceau J. Lopez Dr. Ralph F. Meinhardt D/B/A Bladen Surgical Center">669 F.2d 919, 920 (4th Cir.1982). See Ballard v. Carlson , 882 F.2d 93" date_filed="1989-08-10" court="4th Cir." case_name="Robert Ballard v. Norman Carlson">882 F.2d 93 (4th Cir. 1989).
s/Bruce H. Hendricks United States Magistrate Judge
January 8, 2009 Greenville, South Carolina Carolina