Cumberbatch v. USA

Filing 6

Amended ORDER Plaintiff has until 6/14/16 to file written argument opposing the Defendant's Motion to Dismiss. Failure to file may lead to dismissal.. Signed by Senior Judge Graham Mullen on 5/31/16. (Pro se litigant served by US Mail.)(ssh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:16-CV-00238-GCM NICOLE CUMBERBATCH, Plaintiff, v. USA, Defendant. ) ) ) ) ) ) ) ) ) ) AMENDED ORDER THIS MATTER is before the Court upon Defendant’s Motion to Dismiss (Doc. No. 4). It appears that Defendant may be entitled to dismissal of this civil action as a matter of law. In furtherance of the principles set forth in Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises the Plaintiff, who is proceeding pro se, of her obligation to respond to the Motion. Therefore, the Plaintiff is directed to file a response as described below: TO THE PLAINTIFF, NICOLE CUMBERBATCH, READ THE FOLLOWING VERY CAREFULLY: You may file a brief written argument opposing the Defendant’s Motion to Dismiss on or before June 14, 2016. You are hereby advised that you have until June 14, 2016 to file your response to the Motion to Dismiss. If you fail to respond to the motion, the Court will proceed to decide the matter. A copy of the response must be served on the opposite party and a certificate of service must be filed with the Court showing that a copy has been sent to counsel for the opposite party. IT IS THEREFORE ORDERED that Plaintiff may respond to the Motion to Dismiss (Doc. No. 4) on or before June 14, 2016. Failure to file a timely response may lead to the dismissal of Plaintiff’s case without further notice. The Clerk is directed to send a copy of this NOTICE and ORDER to Plaintiff’s address of record. SO ORDERED. Signed: May 31, 2016

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