Opinion
C. A. 23-509-JD-SVH
02-26-2024
Johnathan Phillip Shuler, Plaintiff, v. Major Clark Ard; Head Nurse Abigail Porter; Georgetown County Detention Center, Defendants.
ORDER
SHIVA V. HODGES UNITED STATES MAGISTRATE JUDGE
Johnathan Phillip Shuler (“Plaintiff”), proceeding pro se, filed this action on February 6, 2022. [ECF No. 1]. On January i6, 2024, Clark Ard (“Ard”) and Georgetown County Detention Center (“GCDC”) filed a motion to dismiss, and on January i8, 2023, Abigail Porter (“Porter”) filed a motion to dismiss. [ECF Nos. i8, 23]. As Plaintiff is proceeding pro se, the court entered orders pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. i975), advising him of the importance of the motions and of the need for him to file adequate responses by February 20, 2024. [ECF No. 20, 25]. Plaintiff was specifically advised that if he failed to respond adequately, the motions may be granted. Id.
Notwithstanding the specific warning and instructions set forth in the court's Roseboro orders, Plaintiff has failed to respond to the motions to dismiss. As such, it appears to the court that he does not oppose the motions 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 responses to the motions to dismiss by March 11, 2024. 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.