Daniel v. Smith, No. 7:2021cv00205 - Document 22 (W.D. Va. 2022)

Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 5/18/2022. (Opinion mailed to Pro Se Party via US Mail)(aab)

Download PDF
Daniel v. Smith Case 7:21-cv-00205-TTC-RSB Document 22 Filed 05/18/22 Page 1 of 2 Pageid#: 164 Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DARRELL DANIEL, ) ) Plaintiff, ) Civil Action No. 7:21cv00205 ) v. ) MEMORANDUM OPINION ) DR. PHILLIP SMITH, ) By: Hon. Thomas T. Cullen ) United States District Judge Defendant. ) ________________________________________________________________________ Plaintiff Darrell Daniel, a Virginia inmate proceeding pro se, filed this civil action under 42 U.S.C. § 1983. On December 29, 2021, Defendant Dr. Phillip Smith filed a motion for summary judgment. (ECF No. 17.) On December 30, 2021, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (ECF No. 19.) The Roseboro notice gave Daniel 21 days to file a response to the motion for summary judgment and advised him that, if he did not respond to Dr. Smith’s motion, 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. 19.) The notice further advised Daniel 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 a response to the motion within the time allotted, the court “may dismiss the case for failure to prosecute.” (Id.) Daniel did not respond to the defendant’s motion and, therefore, the court will dismiss this action without prejudice for failure to prosecute. Dockets.Justia.com Case 7:21-cv-00205-TTC-RSB Document 22 Filed 05/18/22 Page 2 of 2 Pageid#: 165 The clerk is directed to forward a copy of this Memorandum Opinion and accompanying Order to the parties. ENTERED this 18th day of May, 2022. /s/ Thomas T. Cullen_________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.