Dellinger v. Clarke et al, No. 7:2015cv00233 - Document 49 (W.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 7/13/2016. (tvt)
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Dellinger v. Clarke et al Doc. 49 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DOUGLAS DELLINGER, Plaintiff, ) ) ) ) ) ) ) v. HAROLD CLARKE, et al., Defendants. Civil Action No. 7:15cv00233 By: Elizabeth K. Dillon United States District Judge MEMORANDUM OPINION Plaintiff Douglas Dellinger, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 19, 2015. The defendants filed a second motion for summary judgment arguing that Dellinger’s claims are now moot, and the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005), on June 13, 2016. The notice gave Dellinger twenty-one 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[s] state[] in their responsive pleading(s).” The notice further advised Dellinger 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.” Dellinger did not respond to the motion for summary judgment. Therefore, Dellinger’s complaint will be dismissed without prejudice for failure to prosecute. An appropriate order will be entered. Entered: July 13, 2016. /s/ Elizabeth K. Dillon Elizabeth K. Dillon United States District Judge Dockets.Justia.com
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