Inglesias v. Clark et al

Filing 19

ORDER dismissing Inglesias's claims against defendants Clarke and Schilling without prejudice for failure to prosecute; Clarkes and Schillings 16 Motion to Dismiss for Failure to State a Claim is DISMISSED without prejudice; and the Clerk is directed to TERMINATE Clarke and Schilling as defendants to this action. Signed by Judge Norman K. Moon on 5/8/2015. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
HIRALDO JESUS INGLESIAS,
Plaintiff,
v.
HAROLD CLARKE, et al.,
Defendants.

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Civil Action No. 7:14cv00379
ORDER
By: Norman K. Moon
United States District Judge

Plaintiff Hiraldo Jesus Inglesias, a Virginia inmate proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983. Defendants Clarke and Schilling filed a motion to
dismiss Inglesias’s complaint and the court issued a notice, pursuant to Roseboro v. Garrison,
528 F.2d 309, 310 (4th Cir. 2005), giving Inglesias twenty-one days to file a response to the
motion and advising Inglesias 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 Inglesias 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.” Inglesias has filed no response.
Inasmuch as the time allotted has passed and Inglesias has not responded, it is hereby
ORDERED that Inglesias’s claims against defendants Clarke and Schilling are DISMISSED
without prejudice for failure to prosecute; Clarke’s and Schilling’s motion to dismiss (Docket
No. 16) is DISMISSED without prejudice; and the Clerk is directed to TERMINATE Clarke
and Schilling as defendants to this action.
The Clerk is directed to send copies of this Order to the parties
8th
ENTER: This _____ day of May, 2015.