Hooten v. Fowlkes et al

Filing 22

ORDER FOR RESPONSE to 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph Fowlkes, Todd Tripp, Virginia Cox, Monica Hill, Robert Toole, Nancy Davis, Connie Kilgore, Melinda Thompson. Ordered by U.S. Mag Judge Charles H. Weigle on 8/8/11. (mgb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MARK T. HOOTEN,

:
:
Plaintiff,
:
:
VS.
:
:
JOSEPH FOWLKES, et al.,
:
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Defendants.
:
______________________________________ :

NO. 5:11-CV-115 (CAR)

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

ORDER
Before the Court is a Motion to Dismiss filed by Defendants Dr. Joseph Fowlkes; Dr. Monica
Hill; Robert Toole; Virginia Cox, LPN; Connie Kilgore, LPN; Nancy Davis; Todd Tripp and
Melinda Thompson. Doc. 21. Since Plaintiff 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 Defendants;

2.

that he has the right to oppose the granting of that motion; and,

3.

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 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 Motion
to Dismiss ON OR BEFORE AUGUST 29, 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 8th day of August, 2011.

s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge