Felder v. Peavy et al
Filing
76
ORDER FOR RESPONSE to 75 MOTION for Summary Judgment filed by Debbie Futch. Ordered by U.S. Mag. Judge Charles H. Weigle on 9/9/11.(mgb)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MARK PURCELL FELDER,
Plaintiff,
VS.
JASON LAMBERTH, et al.,
Defendants.
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NO. 5:10-CV-402 (MTT)
Proceedings Under 42 U.S.C. §1983
Before the U.S. Magistrate Judge
ORDER
Defendant Debbie Futch has filed a Motion for Summary Judgment. Doc. 75. Since
Plaintiff is proceeding pro se, the Court deems it appropriate and necessary to advise him of his
obligation to respond to this motion and of the consequences which he may suffer if he fails to file
a proper response.
Plaintiff is advised:
1.
that a Motion for Summary Judgment has been filed herein;
2.
that he has an right to oppose this motion; and,
3.
that if he fails to oppose the motion, it may be GRANTED.
Plaintiff is further advised that, under the procedures and policies of this court, motions for
summary judgment are normally decided on briefs. That is, in accordance with the provisions of
Rule 56 of the Federal Rules of Civil Procedure, the Court will examine the pleadings, discovery
and disclosure materials on file, and any affidavits filed by the parties to determine whether there
are any genuine issues of material fact and, by extension, whether or not the movants are entitled
to judgment as a matter of law. In view of this procedure, Plaintiff is hereby notified that if he fails
or refuses to respond to and rebut the statements set forth in the Defendant’s affidavits or other
sworn pleadings, said statements may be accepted as the truth.
Accordingly, Plaintiff is ORDERED AND DIRECTED to file a response to the Defendant
Futch’s Motion for Summary Judgment WITHIN TWENTY-ONE (21) DAYS of his RECEIPT
of this Order. Upon the filing of such response and any reply thereto, or after the passage of fifty
(50) days from the date of this Order, whichever comes first, the Court will proceed with its
consideration of the motion.
SO ORDERED, this 9th day of September, 2011.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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