Bey v. Simpson et al

Filing 10

ORDER re 4 MOTION to Dismiss for Lack of Jurisdiction. (Plaintiff's Response to Motion 4 due by 9/26/2011.). Signed by Magistrate Judge David Keesler on 9/12/11. (Pro se litigant served by US Mail, certified 7003 1010 0003 5291 2846.)(gpb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-349-RJC-DCK
JACQUELINE ALLEN BEY,

)
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Plaintiff,
)
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v.
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DAVID A. SIMPSON,
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CITIMORTGAGE, INC.,
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JESSE B. CALDWELL, III,
)
DOVER MORTGAGE COMPANY,
)
)
Defendants.
)
___________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT sua sponte regarding the filing of Defendant
The Honorable Jesse B. Caldwell’s “Motion To Dismiss” (Document No. 4). Plaintiff failed to file
a timely response, and the time to do so has lapsed.
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
Plaintiff, who is proceeding pro se, that she has a right to respond to Defendant’s motion. The Court
also advises Plaintiff that failure to respond may result in Defendant being granted the relief it seeks,
that is, the dismissal of the Complaint.
IT IS THEREFORE ORDERED that Plaintiff shall respond to the pending “Motion To
Dismiss” (Document No. 4) on or before September 26, 2011. Failure to file a persuasive response
by that date will likely lead to the dismissal of this lawsuit against Defendant Jesse B. Caldwell, III.
The Clerk of Court is directed to send this Order to the pro se Plaintiff by certified U.S. Mail.

Signed: September 12, 2011

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