Beschauer v. Bland Correctional Center Medical Authority et al

Filing 26

MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 1/12/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DAVID BESCHAUER,
Plaintiff,
v.
BLAND CORRECTIONAL CENTER
MEDICAL AUTHORITY, et al.,
Defendants.

)
)
)
)
)
)
)
)

Civil Action No. 7:16cv00083

By: Elizabeth K. Dillon
United States District Judge

MEMORANDUM OPINION
Plaintiff David Beschauer, proceeding pro se, filed a civil rights action pursuant to 42
U.S.C. § 1983 on February 29, 2016. Beschauer paid the filing fee in full and has not been
granted leave to proceed in forma pauperis. On February 29, 2016, the court notified Beschauer
that he was responsible for serving the complaint upon the defendants and that if he failed to
effect service upon a defendant, that defendant would be dismissed without prejudice from the
action. The time for service has passed, and Beschauer has not affected service upon defendants
“Bland Correctional Center Medical Authority” and “Virginia Department of Corrections
Medical Authority.” Accordingly, the court will dismiss these defendants from the action
without prejudice.
The remaining defendants filed motions to dismiss, and the court issued notices pursuant
to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005) on June 21, 2016, and July 20, 2016.
The notices gave Beschauer twenty-one days to file a response to the motions and advised him
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[s] state[] in their responsive pleading(s).”
The notices further advised Beschauer 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.”
Beschauer did not respond to any of the motions to dismiss. Therefore, the court will dismiss
Beschauer’s claims against the remaining defendants without prejudice, for failure to prosecute.
An appropriate order will be entered.
Entered: January 12, 2017.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge

2