Waller v. Randle et al

Filing 58

MEMORANDUM AND ORDER that Waller show cause why the Court should not construe his failure to timely respond to defendants' dismissal motion 38 as an admission of its merits and grant the relief sought accordingly. Signed by Judge J. Phil Gilbert on 11/4/2010. (dka, )

-CJP Waller v. Randle et al

Doc. 58

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS HENRY L. WALLER, JR., Plaintiff, v. MICHAEL P. RANDLE, JR., et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on its own initiative for purposes of case management. Specifically, the Court is concerned with Plaintiff Henry Waller's failure to respond to Defendants' Motion to Dismiss (Doc. 38) and Memorandum in Support Thereof (Doc. 39). Pursuant to Local Rule 7.1(c), Waller's response was due thirty days after said motion was served, but thirty days have passed and Waller has not responded. The Court may, in its discretion, construe a party's failure to file a timely response as an admission of the merits of the motion. S.D. Ill. L. R. 7.1(c). Being fully advised of the premises, the Court hereby ORDERS Waller to SHOW CAUSE on or before November 19, 2010, why the Court should not construe his failure to timely respond to Defendants' dismissal motion as an admission of its merits and grant the relief sought accordingly. IT IS SO ORDERED. DATED: November 4, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Case No. 10-cv-495-JPG

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