West v. McCrae

Filing 11

ORDER for Response to 9 MOTION to Dismiss complaint filed by Hubert McCrae. Ordered by U.S. Mag Judge Charles H. Weigle on 4/19/2011.(mgb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WILLIE CLARENCE WEST, JR.,

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Plaintiff,
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VS.
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HUBERT MCCRAE,
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Defendant.
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NO. 5:11-CV-40 (MTT)

Proceedings Under 42 U.S.C. §1983
Before the U.S. Magistrate Judge

ORDER
Before the Court is a Motion to Dismiss filed by Defendant Hubert McCrae. Doc. 9. Since
Plaintiff Willie Clarence West, Jr. is proceeding pro se, the Court deems it appropriate and necessary
to advise him of his obligation to respond and of the consequences which he may suffer if he fails
to file a proper response.
Plaintiff is advised:
(1) that a Motion to Dismiss has been filed by the Defendant;
(2) that he has the right to oppose the granting of that motion; and,
(3) that if he fails to oppose the motion, his claims may be DISMISSED.
The Plaintiff is further advised that, under the procedures and policies of this court, motions
to dismiss are normally decided on briefs. That is, the Court considers the pleadings and briefs filed
by the parties in deciding whether dismissal is appropriate under the law. Failure of the Plaintiff to
respond, in writing, to the Defendant’s Motion to Dismiss may result in the granting of the motion,
without a hearing or any further proceedings.
Accordingly, the Plaintiff is ORDERED AND DIRECTED to file a response to the
Defendants’ Motion to Dismiss ON OR BEFORE MAY 10, 2011. Thereafter, the Court will
consider the motion and any opposition to the same filed by the Plaintiff. If no response is
submitted by Plaintiff, the Court will consider said motion to be uncontested.
SO ORDERED, this 19th day of April, 2011.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge