Willingham v. City of Asheville NC Mayor Staffs et al

Filing 11

ORDER that Plaintiff may respond to the pending 10 MOTION to Dismiss for Failure to State a Claim , on or before 9/3/2015. Failure to file a timely and persuasive response may lead to the dismissal of this lawsuit. Signed by Magistrate Judge David Keesler on 8/17/2015. (Pro se litigant served by US Mail.)(nv)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:15-CV-119-MR-DCK CHARLES DEAN WILLINGHAM, Plaintiff, v. CITY OF ASHEVILLE NC MAYOR STAFFS, DAVID GANTT, CAROLINE LONG, NOELE TACKETT, RHA KEY PROGRAMS HEALTH SERV., and AHOPE STAFF, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER IS BEFORE THE COURT sua sponte regarding the filing of “Defendants Motion To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6)” (Document No. 10) In accordance with Roseboro v. Garrison 582 F.2d 309 (4th Cir. 1975), the Court advises Plaintiff, who is proceeding pro se, that he has a right to respond to Defendant’s motion. The Court also advises Plaintiff that failure to respond may result in Defendant Gantt being granted the relief he seeks, that is, the dismissal of the Complaint. IT IS, THEREFORE, ORDERED that Plaintiff may respond to the pending “Defendants Motion To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6)” (Document No. 10) on or before September 3, 2015. Failure to file a timely and persuasive response may lead to the dismissal of this lawsuit. Signed: August 17, 2015

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