Burton-Hypes v. Trueheart

Opinion

Neda da TRIN “AT ROANOKE, VA □□□□ □□□ FILED IN THE UNITED STATES DISTRICT COURT raur □ FOR THE WESTERN DISTRICT OF VIRGINIA _ By: ‘ef Tavl ROANOKE DIVISION DEPUTY CLERK ANGELIA CHRISTINA ) BURTON-HYPES, ) ) Civil Action No. 7:22cv00513 Plaintiff, ) ) v. ) MEMORANDUM OPINION ) TONI TRUEHEART, ef a/, ) By: | Hon. Thomas T. Cullen ) United States District Judge Defendants. )

Plaintiff Angelia Christina Burton-Hypes, a Virginia inmate proceeding pro se, filed this civil action under 42 U.S.C. § 1983. On May 14, 2024, the defendants filed a motion to dismiss, and on May 15, 2024, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (See ECF Nos. 90 & 92.) The Roseboro notice gave Burton-Hypes 21 days to file a response to the motion to dismiss and advised her that, if she did not respond to the defendants’ motion, the court would “assume that [she] has lost interest in the case, and/or that [she] agrees with what the Defendant[s] state[| in their responsive pleading(s).” (See ECF No. 92.) The notice further advised Burton-Hypes that, if she wished to continue with the case, it was “necessary that [she] respond in an appropriate fashion,” and that if she failed to file a response to the motion within the time allotted, the court “may dismiss the case for failure to prosecute.” (Id.) To date, Burton-Hypes has not filed a response to the defendants’ motion and, therefore, the court will dismiss this action without prejudice for failure to prosecute.

The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTERED this 9th day of July, 2024.

/s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE