Saunders v. Kiser et al

Filing 55

MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 8/2/2019. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JAMAL KEMO SAUNDERS,
Plaintiff,
v.
J. KISER, et al.,
Defendants.

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Civil Action No. 7:18cv00012
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Plaintiff Jamal Kemo Saunders, a Virginia inmate proceeding pro se, filed this civil rights
action pursuant to 42 U.S.C. § 1983. On April 23, 2019, defendants filed a motion for summary
judgment. See Docket No. 52. Thereafter, the court issued a notice pursuant to Roseboro v.
Garrison, 528 F.2d 309, 310 (4th Cir. 2005), on April 24, 2019. See Docket No. 54. The notice
gave Saunders twenty-one days to file a response to the motion 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).” Id. The
notice further advised Saunders 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.” Id. Saunders did not
respond.

Therefore, I will dismiss Saunder’s complaint without prejudice for failure to

prosecute.
2nd
ENTER: This ____ day of August, 2019.