Collins v. Lowe

CLERK'S OFFICE U.S. DIST. COURT AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT April 09, 2024 FOR THE WESTERN DISTRICT OF VIRGINIA — LAURA AUSTIN, CLERK ROANOKE DIVISION BY: §/A. Beeson DEPUTY CLERK KENARD M. COLLINS, ) ) Civil Action No. 7:22cv00608 Plaintiff, ) ) v. ) MEMORANDUM OPINION ) C/O H.C. HESS, eé a/, ) By: Hon. Thomas T. Cullen ) United States District Judge Defendants. ) Plaintiff Kenard M. Collins, proceeding pro se, filed this civil action under 42 U.S.C. § 1983. On March 4, 2024, the defendants filed a partial motion to dismiss concerning Collins’s claims 1—4,! and on March 5, 2024, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (See ECF Nos. 18 & 21.) The Rosebore notice gave Collins 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]].” (ECF No. 21.)

To date, Collins has not responded to the defendants’ motion, the court assumes he concedes the challenge to claims 1-4, and those claims will therefore be dismissed.

Accordingly, only Collins’s claim 5 against defendant Lowe remains. ' The defendants filed an answer as to Collins’s claim 5 against defendant Lowe. (See ECF No. 20.)

The Clerk is directed to send copies of this Memorandum Opinion and accompanying Order to the parties.

ENTERED this 9th day of April, 2024.

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