Weaver
v.
Sermons

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINAAug 7, 2018
C/A No.: 1:18-234-MGL-SVH (D.S.C. Aug. 7, 2018)

C/A No.: 1:18-234-MGL-SVH

08-07-2018

James Lee Weaver, Jr., Plaintiff, v. Ms. Sermons, Medical Supervisor; Warden Mr. Davis; and Ms. Dove, Grievance Coordinator, Defendants.


REPORT AND RECOMMENDATION

James Lee Weaver, Jr. ("Plaintiff"), proceeding pro se, filed this action on January 26, 2018. [ECF No. 1]. On June 12, 2018, Defendants filed a motion for summary judgment. [ECF No. 23]. 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 July 16, 2018. [ECF No. 24]. Plaintiff was specifically advised that if he failed to respond adequately, Defendants' motion may be granted. Id. Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, Plaintiff failed to respond to the motion.

On June 21, 2018, the court ordered Plaintiff to advise by August 3, 2018, whether he wished to continue with the case. [ECF No. 26]. Plaintiff has filed no response. As such, it appears to the court that he does not oppose the motion and wishes to abandon this action. Based on the foregoing, the undersigned recommends this action be dismissed 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 RECOMMENDED. August 7, 2018
Columbia, South Carolina

/s/


Shiva V. Hodges


United States Magistrate Judge

The parties are directed to note the important information in the attached

"Notice of Right to File Objections to Report and Recommendation."

Notice of Right to File Objections to Report and Recommendation

The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. "[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must 'only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note).

Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:

Robin L. Blume, Clerk

United States District Court

901 Richland Street

Columbia, South Carolina 29201

Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).