Cooper v. WRSP

District Court, W.D. Virginia

Cooper v. WRSP

Trial Court Opinion

CLERK'S OFFICE U.S. DIST. COL AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT April 30, 2024 FOR THE WESTERN DISTRICT OF VIRGINIA ORAS AUSTIN, CLERK ROANOKE DIVISION s/A. Beeson DEPUTY CLERK THAD GILBERT COOPER, ) ) Civil Action No. 7:23cv00774 Plaintiff, ) ) v. ) MEMORANDUM OPINION ) WRSP Staff, ef a/, ) By: | Hon. Thomas T. Cullen ) United States District Judge Defendants. )

Plaintiff Thad Gilbert Cooper, proceeding pro se, filed this civil action under

42 U.S.C. § 1983

. On April 2, 2024, the defendants filed a motion to dismiss, and on the same day, the court issued a notice pursuant to Roseboro v. Garrison,

528 F.2d 309, 310

(4th Cir. 2005). (See ECF Nos. 14 & 16.) The Roseboro notice gave Cooper 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. 16.) The notice further advised Cooper 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, Cooper 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.!

' Moreover, to the extent Cooper names Wallens Ridge State Prison “Staff as defendants, his claims fail because groups of defendants are not proper defendants to a § 1983 action. See Wells v. S.C_D.P. Emples., No. CA 2:10-3111-CMC-BHH,

2011 WL 2472512

, at *2 (D.S.C. May 19, 2011) (collecting authority for the proposition that group defendants such as “medical staff” are not proper defendants under § 1983), report and

The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTERED this 30th day of April, 2024.

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

recommendation adopted, No. CA 2:10-3111-CMC-BHH,

2011 U.S. Dist. LEXIS 67315

,

2011 WL 2463066

(D.S.C. June 21, 2011).

Reference

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