HUNTER v. MOORE et al

Filing 4

ORDER for Response to 3 Motion to Dismiss. Ordered by Judge Hugh Lawson on 11/27/2012. (nbp) Modified text on 11/27/2012 (sbd).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
ORMOND E. HUNTER, JR.,
Plaintiff,
Civil Action 7:12-CV-147 (HL)

v.
JAMES H. MOORE, III, et al.,
Defendants.
ORDER

On November 26, 2012, Defendants James H. Moore, III, et al. filed a
Motion to Dismiss for Failure to State a Claim (Doc. 3). Since Plaintiff is
proceeding pro se, the Court deems it appropriate and necessary to advise him
of his obligations in responding to said Motion and of the consequences which he
may suffer if he fails to file a proper response thereto.
Plaintiff is advised:
(1)

that a Motion to Dismiss has been filed herein on behalf of
Defendant;

(2)

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

(3)

that if he fails to oppose said Motion, the complaint against
Defendant may be dismissed.

Plaintiff is further advised that under the procedures and policies of this
Court, motions to dismiss are normally decided on briefs. The Court considers

the complaint and briefs filed by the parties in deciding whether dismissal is
appropriate under the law.
Failure of Plaintiff to respond to the Motion to Dismiss may result in the
granting of said Motion. There would be no trial or any further proceedings as to
the Defendant seeking dismissal.
Accordingly, Plaintiff is directed to file a response to said Motion to Dismiss
no later than Monday, December 31, 2012. Defendant will then have the
opportunity to file a reply brief as provided by the Local Rules. Thereafter, the
Court will consider the Motion. If no response is submitted by Plaintiff, the Court
will consider said Motion to be uncontested.
This Order does not affect Plaintiff’s obligation to appear before the Court
on December 17, 2012. Plaintiff is expected to be in Valdosta, Georgia on that
date to confer with the Court about his case.
The Clerk is directed to serve Plaintiff at the address listed on the docket.
SO ORDERED, this the 27th day of November, 2012.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
ebr

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