Conway v. Hobbs et al

Filing 13

ORDER, Plaintiff shall file, within thirty days of the entry of this Order, a Response to docket entry # 11 MOTION to Dismiss Case as Frivolous filed by Wendy Kelley. Plaintiff is advised that if he fails to timely and properly do so, this case will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 08/23/2011. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

BYRON L. CONWAY,
ADC #113285
V.

PLAINTIFF
5:11CV00142 JMM/JTR

WENDY KELLEY,
Deputy Director of Health,
Arkansas Department of Correction

DEFENDANT

ORDER
Defendant Wendy Kelley has filed a Motion to Dismiss and a Brief in Support.
See docket entries #11 and #12. 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 Defendant’s Motion to Dismiss (docket entry #11).
2.

Plaintiff is advised that if he fails to timely and properly do so, this case

will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2).1

1

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.”

Dated this 23rd

day of August, 2011.

UNITED STATES MAGISTRATE JUDGE

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