Neal-el v. Clarke

Filing 38

MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 10/12/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DAMION NEAL-EL,
Plaintiff,

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v.
HAROLD CLARKE, et al.,
Defendants.

Civil Action No. 7:16cv00420
By: Elizabeth K. Dillon
United States District Judge

MEMORANDUM OPINION
Plaintiff Damion Neal-el, a Virginia inmate proceeding pro se, filed this civil rights
action pursuant to 42 U.S.C. § 1983. The 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 5,
2017, and September 8, 2017. The notices gave Neal-el 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 Neal-el 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.” Neal-el did not respond to either of the motions to dismiss. Therefore, Neal-el’s
complaint will be dismissed without prejudice for failure to prosecute.
An appropriate order will be entered.
Entered: October 12, 2017.

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