Boston v. Davis et al

Filing 13

ORDER as to 11 MOTION to Dismiss for Failure to State a Claim , 10 MOTION to Dismiss. (Responses due by 11/18/2011). Signed by Magistrate Judge David S. Cayer on 10/19/2011. (Pro se litigant served by US Mail.) (tmg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION Civil Docket No. 3:11CV450-MOC-DSC SHIRLEY BOSTON, ) ) Plaintiff, ) ) v. ) ) PETE DAVIS, et al., ) ) Defendants. ) ____________________________________) ORDER THIS MATTER COMES BEFORE THE COURT sua sponte regarding the filing of “Defendant Captain Pete Davis Motion To Dismiss,” Doc. 10, on September 30, 2011 and “Motion to Dismiss of Defendants Benard and Williams,” Doc. 11, on October 18, 2011. 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 Defendants’ Motions. 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 WITH PREJUDICE. IT IS THEREFORE ORDERED that Plaintiff is allowed until November 18, 2011 to respond to “Defendant Captain Pete Davis Motion To Dismiss,” Doc. 10, and “Motion to Dismiss of Defendants Benard and Williams,” Doc. 11. SO ORDERED. Signed: October 19, 2011

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