Nichols v. Burnside

Filing 17

ORDER FOR RESPONSE to 16 MOTION to Dismiss filed by BURNSIDE. Ordered by U.S. Mag Judge Charles H Weigle on 9/1/11. (mgb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JOHNNY CONNER NICHOLS,

:
:
Plaintiff,
:
:
VS.
:
:
DR. BURNSIDE,
:
:
Defendant.
:
______________________________________ :

NO. 5:11-CV-116 (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 Dr. Edward Hale Burnside,
alleging, among other things, that Plaintiff has failed to state a claim against them for which relief
can be granted. Doc. 16. 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 above named 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 SEPTEMBER 26, 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 1st day of September, 2011.

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