United States District Court, W.D. Virginia, Roanoke Division
March 31, 2015
THOMAS RYAN MORGAN, Plaintiff,
LESLIE J. FLEMING, et al., Defendants.
NORMAN K. MOON, District Judge.
Plaintiff Thomas Ryan Morgan, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. On January 8, 2015, defendants filed a motion for summary judgment. On January 9, 2015, the court issued a notice, pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005), giving Morgan twenty-one days to file a response to the motion and advising Morgan 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)." The court further advised Morgan 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." Morgan has filed no response.
Inasmuch as the time allotted has passed and Morgan has not responded, it is hereby ORDERED that this civil rights action is DISMISSED without prejudice for failure to prosecute; defendants' motion for summary judgment (Docket No. 14) is DISMISSED without prejudice, and the Clerk is directed to TERMINATE this action from the active docket of the court.