Saunders v. Kiser

District Court, W.D. Virginia

Saunders v. Kiser

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION JAMAL KEMO SAUNDERS, ) Plaintiff, ) Civil Action No. 7:18cv00012 ) v. ) MEMORANDUM OPINION ) J. KISER, et al, ) By: Norman K. Moon Defendants. ) United States District Judge Plaintiff Jamal Kemo Saunders, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to

42 U.S.C. § 1983

. On April 23, 2019, defendants filed a motion for summary judgment. See Docket No. 52. Thereafter, the court issued a notice pursuant to Roseboro v. Garrison,

528 F.2d 309, 310

(4th Cir. 2005), on April 24, 2019. See Docket No. 54. The notice gave Saunders twenty-one days to file a response to the motion and advised him that, if he did not respond, the court would “assume that Plaintiff has lost interest in the case, and/or that Plaintiff agrees with what the Defendant[s] state[] in their responsive pleading(s).” Jd. The notice further advised Saunders that, if he wished to continue with the case, it was “necessary that Plaintiff respond in an appropriate fashion,” and that if he failed to file some response within the time allotted, the court “may dismiss the case for failure to prosecute.” /d. Saunders did not respond. Therefore, I will dismiss Saunder’s complaint without prejudice for failure to prosecute. ENTER: This 2nd day of August, 2019.

NORMAN K. MOO UNITED STATES DISTRICT JUDGE

Reference

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