CLERK'S OFFICE U.S. DIST. COU] AT ROANOKE, VA IN THE UNITED STATES DISTRICT COURT FILED FOR THE WESTERN DISTRICT OF VIRGINIA. PND: 2028 ROANOKE DIVISION BY: ' §/A. Beeson DEPUTY CLERK RICHARD J. KOONCE, II, ) ) Civil Action No. 7:23cv00627 Plaintiff, ) ) Vv. ) MEMORANDUM OPINION ) DEIDRE LOWE, eé a/, ) By: | Hon. Thomas T. Cullen ) United States District Judge Defendants. )

Plaintiff Richard J. Koonce, III, proceeding pro se, filed this civil action under

. On January 22, 2024, the defendants filed a motion for summary judgment, and on January 23, 2024, the court issued a notice pursuant to Roseboro v. Garrison,

(4th Cir. 2005). (See ECF Nos. 21 & 23.) The Roseboro notice gave Koonce 21 days to file a response to the motion for summary judgment 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|].” (ECF No. 23.) The notice further advised Koonce 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, Koonce has not responded to the defendants’ motion 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 4th day of April, 2024.

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