Link v. Pennsylvania State Police et al

Filing 19

ORDER advising Plaintiff's right to respond to Defendant's 17 MOTION to Dismiss for Lack of Jurisdiction , Or, Alternatively, Motion to Transfer Venue. The Plaintiff has until on or before June 4, 2015 to file a response. Failure to respond may result in dismissal of the Complaint. Copy of Order mailed to Plaintiff at 3838 Fircrest Road, Charlotte, NC 28217. Signed by Chief Judge Frank D. Whitney on 5/20/2015. (Pro se litigant served by US Mail.)(chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00643-FDW-DCK
BRANDON PATRICK LINK,
Plaintiff,
vs.
PENNSYLVANIA
STATE
POLICE;
TODD
A.
ADAMSKI;
LIBERTY
TRANSPORTATION, INC.; JOSEPH
HUTH; MARC PALLA; and LANDMARK
LEASING, INC.

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NOTICE

Defendants.

THIS MATTER is before the Court sua sponte following the filing of Defendants’ Motion
to Dismiss and Supporting Memorandum (Docs. Nos. 17-18) pursuant to Rule 12(b)(2) of the
Federal Rules of Civil Procedure, wherein Defendants have moved the Court to dismiss the
Complaint for lack of personal jurisdiction, or in the alternative, to transfer venue.
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
Plaintiff, who is proceeding pro se, that he has a right to respond to Defendants’ Motion to Dismiss
and indeed carries a burden in responding to the motion by showing that personal jurisdiction
exists.1 Plaintiff may file a response brief in response to Defendants’ Motion to Dismiss on or
before June 4, 2015.
The Court also advises Plaintiff that his failure to respond may result in Defendants’ being
granted the relief they seek, that is, dismissal of the Complaint.

1

The specific language of Roseboro addressed the responsive burden for a pro se party in the context of a motion for
summary judgment, but the Court, out of an abundance of caution, has issued this notice.

The Clerk is respectfully directed to send a copy of this Notice to Plaintiff at 3838 Fircrest
Road, Charlotte, NC 28217, and to counsel for the Defendants.
IT IS SO ORDERED.

Signed: May 20, 2015