Cooper v. Mullins

District Court, W.D. Virginia

Cooper v. Mullins

Trial Court Opinion

CLERK'S OFFICE U.S. DIST. COU! AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT July 09, 2024 FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A. AUSTIN, CLERK ROANOKE DIVISION BY: /s/T, Taylor DEPUTY CLERK THAD GILBERT COOPER, ) ) Plaintiff, ) Crvil Action No. 7:23cv00703 ) v. ) MEMORANDUM OPINION ) DR. MULLINS, ) By: | Hon. Thomas T. Cullen ) United States District Judge Defendant. )

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

42 U.S.C. § 1983

. On June 6, 2024, the defendant 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. 16 & 18.) 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. 18.) 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 defendant’s motion to dismiss or the court’s notice and, therefore, the court will dismiss this action without prejudice for failure to prosecute.

The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTERED this 9th day of July, 2024.

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

Reference

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