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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?