Lackey v. Macon County, North Carolina

Filing 8

ORDER that defendants are ALLOWED up to and inclusive of October 16, 2009, to file their Reply.. Signed by Magistrate Judge Dennis Howell on 9/25/09. (siw)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION 2:09cv42 MAUREEN MURPHY LACKEY, Plaintiff, Vs. COUNTY OF MACON; and MACON COUNTY SHERIFF DEPARTMENT, Defendants. _______________________________ ) ) ) ) ) ) ) ) ) ) )

ORDER

THIS MATTER is before the court in accordance with 28, United States Code, Section 636(c). See Docket Entry #4. On August 6, 2009, defendants filed their Motion to Dismiss. Plaintiff, who is proceeding pro se, was advised on August 7, 2009, of the nature of defendants' motion, her obligation of responding to such motion, and of the deadline for such response. See Roseboro Order, Docket Entry # 3. On August 26, 2009, plaintiff filed a response which was deemed timely nunc pro tunc by Order entered August 28, 2009. See Order, Docket Entry # 7. No Reply was filed by defendants, which was unusual, leading the court to determine that plaintiff's Response was filed under seal in error inasmuch as defendants did not have access to that document. Such error has now been corrected and an ECF generated

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providing access to such document to all parties. Counsel for defendants will, therefore, be allowed additional time to file defendants' reply.

ORDER IT IS, THEREFORE, ORDERED that defendants are ALLOWED up to and inclusive of October 16, 2009, to file their Reply.

Signed: September 25, 2009

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