Hartley v. Secretary, Department of Corrections et al

Filing 10

ORDER allowing Petitioner to file a reply to motion to dismiss. Signed by Magistrate Judge Thomas B. Smith on 5/28/2014. (AJM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DREW C. HARTLEY,
Petitioner,
v.

CASE NO. 6:13-cv-1962-Orl-37TBS

SECRETARY, DEPARTMENT
OF CORRECTIONS, et al.,
Respondents.
______________________________/
ORDER
Respondents have filed a motion to dismiss (Doc. 9). Petitioner will be provided
with an opportunity to file a response to the motion. Petitioner should not depend upon
the mere allegations in his pleadings to counter the motion. Petitioner should respond
with legal authorities and counter sworn affidavits and/or documents to set forth specific
facts showing that there is a genuine issue of law and/or material fact in dispute. If
Petitioner fails to respond to the motion or responds, but the response does not
demonstrate that there is a genuine issue, the Court may declare that the facts in the
affidavits and/or documents supporting the motion are established as true and that there
is no genuine issue in dispute. In that event, if the applicable law allows, Respondents
will be entitled to have the case dismissed and final judgment entered in their favor
based upon the pleadings, affidavits, and other documentation. In that event, there will
be no evidentiary hearing, and the case will be terminated in this Court.

Petitioner shall have THIRTY (30) DAYS from the date of this order to reply to the
motion. Thereafter, the motion will be taken under advisement by the Court and an
order entered thereon without further notice.
DONE AND ORDERED in Orlando, Florida, this 28th day of May, 2014.

Copies to:
OrlP-2 5/28
Drew C. Hartley
Counsel of Record

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