Rubio v. Hensley

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION JUAN P. RUBIO, ) Plaintiff, Civil Action No. 7:21cv00555 MEMORANDUM OPINION W.R. HENSLEY, By: | Hon. Thomas T. Cullen ) United States District Judge Defendant. )

Plaintiff Juan P. Rubio, a Virginia inmate proceeding pro se, filed this civil action under 42 US.C. § 1983. On June 29, 2022, defendant Hensley filed a motion for summary judgment, and on June 30, 2022, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (See ECF Nos. 21-23.) The Roseboro notice gave Rubio 21 days to file a response to the motion for summary judgment and advised him that, if he did not respond to the defendant’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. 23.) The notice further advised Rubio that, if he wished to continue with the case, it was “necessary that [he] 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) Rubio did not respond to the defendant’s motion and, therefore, the court will dismiss this action without prejudice for failure to prosecute. ENTERED this 27th day of September, 2022.

Thomas T. Cullen HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE