Watkins v. Albemarle-Charlottesville Regional Jail et al, No. 7:2022cv00705 - Document 55 (W.D. Va. 2023)

Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 9/20/2023. (Opinion mailed to Pro Se Party via US Mail)(aab)

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Watkins v. Albemarle-Charlottesville Regional Jail et al Case 7:22-cv-00705-TTC-JCH Document 55 Filed 09/20/23 Page 1 of 2 Pageid#: 158 Doc. 55 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION ANTHONY LORENZO WATKINS, ) ) Civil Action No. 7:22cv00705 Plaintiff, ) ) v. ) MEMORANDUM OPINION ) ALBEMARLE-CHARLOTTESVILLE ) REGIONAL JAIL, et al., ) By: Hon. Thomas T. Cullen ) United States District Judge Defendants. ) ________________________________________________________________________ Plaintiff Anthony Lorenzo Watkins, proceeding pro se, filed this civil action under 42 U.S.C. § 1983. On August 21, 2023, the defendants filed a motion to dismiss, and on August 22, 2023, the court issued the notice required by Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (See ECF Nos. 50 & 52.) The Roseboro notice gave Watkins 21 days to file a response to the motion to dismiss and advised him that, if he did not respond to the defendants’ motion, the court would “assume that [he] has lost interest in the case, and/or that [he] agrees with what the Defendant[s] state[] in their responsive pleading(s).” (See ECF No. 52.) The notice further advised Watkins 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.) To date, Watkins has not responded to the motion or the court’s notice and, therefore, the court will dismiss this action without prejudice for failure to prosecute. Dockets.Justia.com Case 7:22-cv-00705-TTC-JCH Document 55 Filed 09/20/23 Page 2 of 2 Pageid#: 159 The Clerk shall send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTERED this 20th day of September, 2023. /s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE

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