IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

ROOSEVELT HARRY ) WOODSON, JR., ) ) Civil Action No. 7:22cv00204 Plaintiff, ) ) v. ) MEMORANDUM OPINION ) VANBUREN, ) By: Hon. Thomas T. Cullen ) United States District Judge Defendant. ) ________________________________________________________________________

Plaintiff Roosevelt Harry Woodson, Jr., proceeding pro se, filed this civil action under

. On December 5, 2022, the defendants filed a motion to dismiss, or in the alternative for motion for summary judgment, and on December 6, 2022, the court issued a notice pursuant to Roseboro v. Garrison,

(4th Cir. 2005). (See ECF Nos. 15−17.) The Roseboro notice gave Woodson 21 days to file a response to the motion and advised him that, if he did not respond to the defendant’s motion, the court would “assume that Plaintiff has lost interest in the case, and/or that Plaintiff agrees with what the Defendant states in their responsive pleading(s).” (See ECF No. 17.) The notice further advised Woodson that, if he wished to continue with the case, it was “necessary that [he] respond in an appropriate fashion,” and that if he failed to file a response to the motion within the time allotted, the court “may dismiss the case for failure to prosecute.” (Id.) To date, Woodson has not responded to the motion or the court’s notices and, therefore, the court will dismiss this action without prejudice for failure to prosecute. The Clerk shall send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTERED this 6th day of April, 2023.

/s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE