Davis v. United States of America

Filing 8

ORDER directing Petitioner to file a response to 7 MOTION to Dismiss filed by United States of America on or before 1/4/2017. Signed by Magistrate Judge Brian K. Epps on 12/21/2016. (pts)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION CHARLES ANTHONY DAVIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) _________ CV 116-140 (Formerly CR 110-041) ORDER _________ Petitioner has failed to file a response to Respondent’s motion to dismiss, and the Court is reluctant to rule on the motion without first hearing from Petitioner. (Doc. no. 7.) Under Loc. R. 7.5, failure to respond to a motion generally indicates that the motion is unopposed; nevertheless, the Court recognizes that Petitioner is acting pro se in this litigation and that Respondent’s motion is dispositive in nature. Therefore, the Court ORDERS Petitioner to file a response to the motion to dismiss within fourteen days. Thereafter, the Court will rule on the motion, and if Petitioner still fails to respond, the Court will deem the motion unopposed. See Loc. R. 7.5. The Clerk is directed to notify the Court of the status of this case at the expiration of the fourteen days. SO ORDERED this 21st day of December, 2016, at Augusta, Georgia.

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