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1:12-cv-02622-DCN-SVH Date Filed 06/04/13 Entry Number 43 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA



Justin William Gibson,




Plaintiff,

vs.




Steven Mueller; Robert Eugene Padgett;
Margaret Lewis; and Steven Anderson,






Defendants.



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C/A No.: 1:12-2622-DCN-SVH




ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging

violations of his constitutional rights pursuant to 42 U.S.C. § 1983. Defendants filed a

motion for summary judgment on April 23, 2013. [Entry #40]. As Plaintiff is proceeding

pro se, the court entered an order on April 24, 2013, pursuant to Roseboro v. Garrison,

528 F.2d 309 (4th Cir. 1975), advising him of the importance of a motion for summary

judgment and of the need for him to file an adequate response. [Entry #41]. Plaintiff was

specifically advised that if he failed to respond adequately, Defendants’ motion may be

granted.



Notwithstanding the specific warning and instructions set forth in the court’s

Roseboro order, 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. Based on the

foregoing, Plaintiff is directed to advise the court whether he wishes to continue with this

case and to file a response to Defendants’ motion for summary judgment by June 18,

2013. Plaintiff is further advised that if he fails to respond, this action will be

1:12-cv-02622-DCN-SVH Date Filed 06/04/13 Entry Number 43 Page 2 of 2

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.




June 4, 2013

Columbia, South Carolina










Shiva V. Hodges
United States Magistrate Judge






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