~ ATROANOKE, FILED March 28, 2025 IN THE UNITED STATES DISTRICT COURT wow □ □ FOR THE WESTERN DISTRICT OF VIRGINIA ees ROANOKE DIVISION DAVID N. FIREWALKER-FIELDS, ) Plaintiff, ) Civil Action No. 7:23cv00179 ) v. ) MEMORANDUM OPINION ) ERIC GREENE, et al., ) By: Robert S. Ballou Defendants. ) United States District Judge David N. Firewalker-Fields, a Virginia inmate proceeding pro se, filed this action under 42 US.C. § 1983, challenging conditions of confinement at Augusta Correctional Center. On April 18, 2024, the defendants filed a Motion for Summary Judgment under FED. R. CIv. P. 56. On April 19, 2024, the court issued the notice required by Roseboro v. Garrison,

(4th Cir. 1975). The Roseboro notice was mailed to plaintiff at his VDOC address and at his address in Elkton, Virginia. See ECF No. 19 Docket Note. The Roseboro notice advised plaintiff that he had 21 days to file a response to the Motion for Summary Judgment and that, if he did not respond to the motion, the court would “assume that Plaintiff has lost interest in the case, and/or that Plaintiff agrees with what the Defendant(s] state in their responsive pleading(s).” ECF No. 19. The notice further advised Firewalker-Fields that, if he wished to continue with the case, it was “necessary that Plaintiff respond in an appropriate fashion” and that, if he failed to respond within the time allowed, the court “may dismiss the case for failure to prosecute.” /d. The defendants’ motion has been pending for more than six months, and plaintiff has not responded to the motion. Therefore, the court will dismiss Firewalker-Fields’ complaint without prejudice for failure to prosecute.

An appropriate order will be entered this day. Enter: March 28, 2025 //s/ Robert S. Ballou Robert S. Ballou United States District Judge