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Cook v. McPeak

United States District Court, W.D. Virginia, Roanoke Division

March 31, 2015

RICKY A. COOK, Plaintiff,
v.
GERALD McPEAK, et al., Defendants.

ORDER

NORMAN K. MOON, District Judge.

Plaintiff Ricky A. Cook, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. ยง 1983. On January 13 and 20, 2015, defendants filed motions to dismiss Cook's complaint. On January 14 and 21, 2015, the court issued notices, pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005), giving Cook twenty-one days to file responses to the motions and advising Cook 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 Cook 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." Cook has filed no response.

Inasmuch as the time allotted has passed and Cook has not responded, it is hereby ORDERED that this civil rights action is DISMISSED without prejudice for failure to prosecute; defendants' motions to dismiss (Docket Nos. 26 and 29) are DISMISSED without prejudice, and the Clerk is directed to TERMINATE this action from the active docket of the court.

The Clerk is directed to send copies of this Order to the parties.


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