Littleton v. Harkleroad et al

Filing 26

ORDER that Plaintiff shall respond to 19 Motion To Dismiss for Failure to State a Claim, within 14 days of entry of this Order. Failure to file a timely and persuasive response will likely lead to the dismissal of this lawsuit. Signed by Chief Judge Robert J. Conrad, Jr on 04/26/2012. (Pro se litigant served by US Mail.)(thh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11-cv-265-RJC
WILLIAM ANDREW LITTLETON,

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)
Plaintiff,
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v.
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SID HARKLEROAD, et al.,
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Defendants. )
____________________________________)

ORDER

THIS MATTER is before the Court sua sponte regarding the filing of Defendants’
Motion To Dismiss for Failure to State a Claim, (Doc. No. 19), on March 12, 2012.
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
Plaintiff, who is proceeding pro se, that he has a right to respond to Defendants’ motion. The
Court also advises Plaintiff that failure to respond may result in Defendants being granted the
relief they seek, that is, the dismissal of the Complaint.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff shall respond to the pending “Motion To Dismiss for Failure to State a
Claim,” (Doc. No. 19), within 14 days of entry of this Order. Failure to file a
timely and persuasive response will likely lead to the dismissal of this lawsuit.

2.

The Clerk of Court is directed to send a copy of this Order to the pro se Plaintiff
by certified U.S. mail, to the following address: Lanesboro Correctional
Institution, 552 Prison Camp Rd., Polkton, NC 28315.

Signed: April 26, 2012