Mayo v. Norris et al

Filing 19

ORDER re 17 MOTION to Dismiss Amended Complaint filed by defts and advising plaintiff to file, within 30 days of this Order, a response to the defts' motion to dismiss. Signed by Magistrate Judge J. Thomas Ray on 8/20/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RANDY T. MAYO ADC #134578 V. 2:09CV00066 BSM/JTR DEFENDANTS ORDE R Defendants have filed a Motion to Dismiss and a Brief in Support alleging that this pro se 1983 action should be dismissed because: (1) Plaintiff has failed to state a claim upon which relief may be granted; and (2) Defendants are entitled to sovereign immunity. See docket entries #17 and #18. The Court concludes that a Response from Plaintiff would be helpful to the resolution of that Motion. IT IS THEREFORE ORDERED THAT: 1. Plaintiff shall file, within thirty days of the entry of this Order, a Response to PLAINTIFF LARRY NORRIS, Director, Arkansas Department of Correction, et al. Defendants' Motion to Dismiss (docket entry #17). 2. Plaintiff is hereby advised that his failure to timely comply with this Order could result in the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).1 Dated this 20th day of August, 2009. UNITED STATES MAGISTRATE JUDGE Local Rule 5.5(c)(2) provides, in pertinent part that: "If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice." 1

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