Ayres v. Ohai, No. 7:2020cv00110 - Document 18 (W.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by Chief Judge Michael F. Urbanski on 8/14/2020. (Opinion mailed to Pro Se Party via US Mail)(slt)
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Ayres v. Ohai Case 7:20-cv-00110-MFU-RSB Document 18 Filed 08/17/20 Page 1 of 1 Pageid#: 234 Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GEORGE WILSON AYRES, Plaintiff, v. D. PAUL OHAI, Defendant. ) ) ) ) ) ) ) Civil Action No. 7:20cv00110 MEMORANDUM OPINION By: Michael F. Urbanski Chief United States District Judge Plaintiff George Wilson Ayres, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. On July 17, 2020, defendant filed a motion for summary judgment, and, on July 20, 2020, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). See ECF Nos. 15 and 17. The Roseboro notice gave Ayres twentyone days to file a response to the motion and advised him that, if he did not respond, the court would “assume that Plaintiff has lost interest in the case, and/or that Plaintiff agrees with what the Defendant states in their responsive pleading(s).” See ECF No. 17. The notice further advised Ayres 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 file some response within the time allotted, the court “may dismiss the case for failure to prosecute.” Id. Ayres did not respond to the motion for summary judgment. Therefore, the court will dismiss Ayres’s complaint without prejudice for failure to prosecute. 14thday of August, 2020. ENTER: This ____ Michael F. Urbanski Chief U.S. District Judge 2020.08.14 19:05:37 -04'00' ____________________________________ Michael F. Urbanski Chief United States District Judge Dockets.Justia.com
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