Bey v. Simpson et al

Filing 18

ORDER as to 14 MOTION to Dismiss . (Responses due by 11/23/2011). Signed by Magistrate Judge David Keesler on 11/10/2011. (Pro se litigant served by certified US Mail 7008 1830 0001 4376 8684) (tmg)

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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, ) ) Plaintiff, ) ) v. ) ) DAVID A. SIMPSON, ) CITIMORTGAGE, INC., ) JESSE B. CALDWELL, III, ) DOVER MORTGAGE COMPANY, ) ) Defendants. ) ___________________________________ ) ORDER THIS MATTER IS BEFORE THE COURT sua sponte regarding the filing of “Defendant CitiMortgage, Inc.’s Motion To Dismiss” (Document No. 14). 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. 14) on or before November 23, 2011. Failure to file a persuasive response by that date will likely lead to the dismissal of this lawsuit against Defendant CitiMortgage, Inc. The Clerk of Court is directed to send this Order to the pro se Plaintiff by certified U.S. Mail. Signed: November 10, 2011 2

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