Edwards v. Perry
Edwards v. Perry
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION
RONALD GENE EDWARDS, ) ) Civil Action No. 7:22cv00691 Plaintiff, ) ) v. ) MEMORANDUM OPINION ) LANE PERRY, et al., ) By: Hon. Thomas T. Cullen ) United States District Judge Defendants. ) ________________________________________________________________________
Plaintiff Ronald Gene Edwards, proceeding pro se, filed this civil action under
42 U.S.C. § 1983. On June 20, 2023, the defendants filed a motion to dismiss, and on June 21, 2023, the court issued a notice pursuant to Roseboro v. Garrison,
528 F.2d 309, 310(4th Cir. 2005). (See ECF Nos. 19 & 21.) The Roseboro notice gave Edwards 21 days to file a response to the motion to dismiss and advised him that, if he did not respond to the defendants’ motion, the court would “assume that [he] has lost interest in the case, and/or that [he] agrees with what the Defendant[s] state[] in their responsive pleading(s).” (See ECF No. 21.) The notice further advised Edwards 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, Edwards has not responded to the motion or the court’s notice 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 27th day of July, 2023.
/s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE
Reference
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