Cooper v. WRSP et al, No. 7:2023cv00774 - Document 21 (W.D. Va. 2024)
Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 4/30/2024. (Opinion mailed to Pro Se Party/Parties via US Mail)(aab)
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Cooper v. WRSP et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION $-&3,h4 0''*$& 6 4 %*45 $0635 "5 30"/0,& 7" '*-&% April 30, 2024 -"63" " "645*/ $-&3, #: s/A. Beeson %&165: $-&3, THAD GILBERT COOPER, ) ) Civil Action No. 7:23cv00774 Plaintiff, ) ) ) MEMORANDUM OPINION v. ) WRSP Staff, et al., ) By: Hon. Thomas T. Cullen ) United States District Judge Defendants. ) ________________________________________________________________________ Plaintiff Thad Gilbert Cooper, proceeding pro se, filed this civil action under 42 U.S.C. § 1983. On April 2, 2024, the defendants filed a motion to dismiss, and on the same day, the court issued a notice pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 2005). (See ECF Nos. 14 & 16.) The Roseboro notice gave Cooper 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. 16.) 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.) To date, Cooper 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.1 Moreover, to the extent Cooper names Wallens Ridge State Prison “Staff” as defendants, his claims fail because groups of defendants are not proper defendants to a § 1983 action. See Wells v. S.C.D.F. Emples., No. CA 2:10-3111-CMC-BHH, 2011 WL 2472512, at *2 (D.S.C. May 19, 2011) (collecting authority for the proposition that group defendants such as “medical staff” are not proper defendants under § 1983), report and 1 Dockets.Justia.com The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTERED this 30th day of April, 2024. /s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE recommendation adopted, No. CA 2:10-3111-CMC-BHH, 2011 U.S. Dist. LEXIS 67315, 2011 WL 2463066 (D.S.C. June 21, 2011).
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