Huggins v. Owens et al
Filing
25
ORDER TO RESPOND to 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Owens, James E. Donald, David L. Frazier. Ordered by U.S. Mag Judge Charles H. Weigle on 8/9/2011. (mgb)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DAVID PAUL HUGGINS,
:
:
Plaintiff,
:
:
VS.
:
:
BRIAN OWENS, et al.,
:
:
Defendants.
:
______________________________________ :
NO. 5:11-CV-117 (MTT)
Proceedings Under 42 U.S.C. ยง1983
Before the U.S. Magistrate Judge
ORDER
Before the Court is a Motion to Dismiss filed by Defendants James E. Donald, David L.
Frazier, and Brian Owens alleging, among other things, that Plaintiff has failed to state a claim
against them for which relief can be granted. Doc. 23. 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 AUGUST 30, 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 9th day of August, 2011.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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