Cook v. McPeak et al

Filing 32

ORDER dismissing without prejudice 26 Motion to Dismiss for Failure to State a Claim; dismissing 29 Motion to Dismiss for Failure to State a Claim; dismissing and terminating civil action from the active docket. Signed by Judge Norman K. Moon on 3/31/2015. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
RICKY A. COOK,
Plaintiff,
v.
GERALD MCPEAK, et al.,
Defendants.

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Civil Action No. 7:14cv00532
ORDER
By: Norman K. Moon
United States District Judge

Plaintiff Ricky A. Cook, a Virginia inmate proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983. On January 13 and 20, 2015, defendants filed motions to dismiss
Cook’s complaint. On January 14 and 21, 2015, the court issued notices, pursuant to Roseboro
v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005), giving Cook twenty-one days to file responses to
the motions and advising Cook 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 Cook 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.” Cook has filed no response.
Inasmuch as the time allotted has passed and Cook has not responded, it is hereby
ORDERED that this civil rights action is DISMISSED without prejudice for failure to
prosecute; defendants’ motions to dismiss (Docket Nos. 26 and 29) are DISMISSED without
prejudice, and the Clerk is directed to TERMINATE this action from the active docket of the
court.
The Clerk is directed to send copies of this Order to the parties
ENTER: This

day of March, 2015.