Opinion
Civil Action 7:23cv00330
04-04-2024
THAD GILBERT COOPER, Plaintiff, v. B. MULLINS, Defendant.
MEMORANDUM OPINION
Hon. Thomas T. Cullen United States District Judge.
Plaintiff Thad Gilbert Cooper, proceeding pro se, filed this civil action under 42 U.S.C. § 1983. On January 8, 2024, Defendant B. Mullins filed a motion for summary judgment, and on January 9, 2024, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (See ECF Nos. 24 & 27.) The Roseboro notice gave Cooper 21 days to file a response to the motion for summary judgment and advised him that, if he did not respond to the defendant's motion, the court would “assume that [he] has lost interest in the case, and/or that [he] agrees with what the Defendant states in their responsive pleading[].” (ECF No. 27.) The notice further advised Cooper that, if he wished to continue with the case, it was “necessary that [he] respond in an appropriate fashion,” and that if he failed to file a response to the motion within the time allotted, the court “may dismiss the case for failure to prosecute.” (Id.)
Despite being given an extension of time to respond (see ECF No. 30), to date, Cooper has not responded to the defendant's motion and, therefore, the court will dismiss this action without prejudice for failure to prosecute.
The Clerk shall send copies of this Memorandum Opinion and the accompanying Order to the parties.