Cooper v. Mullins

District Court, W.D. Virginia

Cooper v. Mullins

Trial Court Opinion

AT ROANOKE, VA FILED July 18, 2024 IN THE UNITED STATES DISTRICT COURT LAURA A. AUSTIN, CLERK FOR THE WESTERN DISTRICT OF VIRGINIA grr Taylor ROANOKE DIVISION DEPUTY CLERK

THAD GILBERT COOPER, ) ) Civil Action No. 7:23¢ev00324 Plaintiff, ) ) Vv. ) MEMORANDUM OPINION ) DR. B. 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 14, 2024, the defendant filed a motion for summary judgment, and on the same day, the court issued a notice pursuant to Raseboro v. Garrison,

528 F.2d 309, 310

(4th Cir. 2005). (See ECF Nos. 33 & 35.) 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. 35.) 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 for summary judgment ot 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 18th day of July, 2024.

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

Reference

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