Cooper v. Mullins, No. 7:2023cv00330 - Document 31 (W.D. Va. 2024)
Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 4/4/2024. (Opinion mailed to Pro Se Party/Parties via US Mail)(aab)
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Cooper v. Mullins Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION $-&3,h4 0''*$& 6 4 %*45 $0635 "5 30"/0,& 7" '*-&% April 04, 2024 -"63" " "645*/ $-&3, #: s/A. Beeson %&165: $-&3, THAD GILBERT COOPER, ) ) Plaintiff, ) Civil Action No. 7:23cv00330 ) v. ) MEMORANDUM OPINION ) 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 January 8, 2024, Defendant B. Mullins filed a motion for summary judgment, and on January 9, 2024, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (See ECF Nos. 24 & 27.) The Roseboro notice gave Cooper 21 days to file a response to the motion for summary judgment and advised him that, if he did not respond to the defendant’s motion, the court would “assume that [he] has lost interest in the case, and/or that [he] agrees with what the Defendant states in their responsive pleading[].” (ECF No. 27.) 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.) Despite being given an extension of time to respond (see ECF No. 30), to date, Cooper has not responded to the defendant’s motion and, therefore, the court will dismiss this action without prejudice for failure to prosecute. Dockets.Justia.com The Clerk shall send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTERED this 4th day of April, 2024. /s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE -2-
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