Jones v. Ulpp
MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 1/31/2017. (sbea, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
B. ULEP, et al.,
f ~~I 2W~ ~)l
CLERK. U.S. DISTRICT COURT
Civil Action No. 3:15CV628-HEH
(Dismissing Civil Rights Action Without Prejudice)
Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, brings this
action. On June 27, 2016, Defendants filed a Motion to Dismiss. Despite the provision
of notice pursuant to Roseboro v. Garrison, 528 F.3d 309 (4th Cir. 1975), Plaintiff did
not respond. The Court has not received any correspondence from Plaintiff since
December 2015. 1 Because it appeared that Plaintiff lacked any interest in prosecuting the
action, by Memorandum Order entered on January 12, 2017, the Court directed Plaintiff,
to notify the Court, within eleven days, of his desire to continue with this action. The
Court warned that if Plaintiff failed to respond, the Court would dismiss the action
without prejudice. See Fed. R. Civ. P. 41(b).
More than eleven days have passed since the entry of the January 12, 2017,
Memorandum Order. Plaintiff has not responded. Accordingly, the action will be
dismissed without prejudice.
The Court received payments towards his filing fee from the institution until September 2016
when he had paid the fee in full.
An appropriate Order shall issue.
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE
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