Opinion
C. A. 1:23-4139-BHH-SVH
05-13-2024
Abin Lowman, Plaintiff, v. A/W Duffie, Defendant.
REPORT AND RECOMMEDNATION
SHIVA V. HODGES, UNITED STATES MAGISTRATE JUDGE
Plaintiff filed this case on August 18. 2023, alleging violations of his constitutional rights. On January 22, 2024, defendant Duffie filed a motion for summary judgment. [ECF No. 25]. 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 February 22, 2024. [ECF No. 28]. Plaintiff was specifically advised that if he failed to respond adequately, the motion may be granted. Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, Plaintiff failed to respond to Duffie's motion.
On February 27, 2024, the court ordered Plaintiff to advise by March 12, 2024, whether he wished to continue with this case. [ECF No. 35]. Plaintiff was further advised that if he failed to respond, the undersigned would recommend this case be dismissed for failure to prosecute. Plaintiff filed no response. As such, it appears to the court that he does not oppose the motion and wishes to abandon this case. Based on the foregoing, the undersigned recommends this case be dismissed 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.