Howard v. McFarland et al

Filing 6

ORDER Plaintiff may respond to 4 MOTION to Dismiss on or before 6/22/17.. Signed by Senior Judge Graham Mullen on 6/8/17. (Pro se litigant served by US Mail at 4327 Freedom Drive Charlotte, NC 28208 )(ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00248-GCM
WARREN HOWARD,
Plaintiffs,
v.
MELISSA MCFARLAND
CHRIS MCFARLAND
JOSH CRUMPLER,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court upon the Defendants’ Motion to Dismiss (Doc. No.
4) and Memorandum in Support (Doc. No. 5).
It appears that Defendant may be entitled to dismissal of this appeal as a matter of law. In
furtherance of the principles set forth in Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975),1 the
Court advises the Plaintiff, who is proceeding pro se, of his obligation to respond to the Motion.
Therefore, the Plaintiff is directed to file a response as described below:
TO THE PLAINTIFF, WARREN HOWARD, READ THE FOLLOWING VERY
CAREFULLY:
You may file a brief written argument opposing the Defendant’s Motion to Dismiss on or
before June 22, 2017.

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, provides Plaintiffs with a similar notice
regarding motions to dismiss.

You are hereby advised that you have until June 22, 2017 in which 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 22, 2017. 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: June 8, 2017