Ferguson v. Corbin et al

Filing 43

MEMORANDUM OPINION AND ORDER DISMISSING CASE WITHOUT Prejudice; all pending motions are dismissed without prejudice as moot. Signed by Chief District Judge Elizabeth K. Dillon on 3/10/2025. (Opinion and Order mailed to Pro Se Party/Parties via US Mail)(jv)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
LACY FERGUSON,
Plaintiff,

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v.
CLAY CORBIN, et al.,
Defendants.

March 10, 2025

LAURA A. AUSTIN, CLERK
BY: s/J.Vasquez

Civil Action No. 7:23-cv-00475
By: Elizabeth K. Dillon
Chief United States District Judge

MEMORANDUM OPINION AND ORDER
Lacy Ferguson, a former Virginia inmate proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983. Defendants moved for summary judgment (Dkt. No. 37), and the
court issued a Roseboro notice on March 22, 2024 (Dkt. No. 39). The order explained that if
plaintiff does not respond to the summary judgment motion in a timely manner, the court will
assume either that plaintiff lost interest in the case or that plaintiff agrees with what defendants
state in their pleadings, and the case could be dismissed for failure to prosecute.
The time to respond has passed, and plaintiff did not respond to defendants’ motion for
summary judgment. Accordingly, it is HEREBY ORDERED that this case is DISMISSED
WITHOUT PREJUDICE for failure to prosecute. All pending motions are DISMISSED
WITHOUT PREJUDICE as moot. The Clerk is directed to STRIKE this case from the court’s
active docket and to transmit a copy of this order to plaintiff and to all counsel of record.
Entered: March 10, 2025.

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