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)

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

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