McElroy v. Embery et al
Filing
30
ORDER DIRECTING Plaintiff to Respond to 29 Motion to Dismiss signed by Magistrate Judge Dennis L. Beck on 4/21/2009. ( Response to Motion to Dismiss: 5/22/2009)(Figueroa, O)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 d274kd 27 28 1 Plaintiff Latwahn McElroy ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 2, 2009, Defendant Embury ("Defendant") filed a motion to dismiss pursuant to the unenumerated portion of Rule 12(b) of the Federal Rules of Civil Procedure. Plaintiff has not filed an opposition or statement of non-opposition to the motion. Plaintiff is HEREBY ORDERED to file a response to the motion within thirty (30) days of service of this order. Failure to comply with this order will result in a recommendation that this action be dismissed for failure to obey a court order. IT IS SO ORDERED. Dated: vs. THIRTY DAY DEADLINE EMBERY, et al., Defendants. / LATWAHN MCELROY, Plaintiff, CASE NO. 1:07-cv-01559 LJO DLB PC ORDER DIRECTING PLAINTIFF TO RESPOND TO MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 21, 2009
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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