Cockshutt v. State of Ohio Department of Rehabilitation & Correction et al

Filing 35

ORDER Plaintiff is GRANTED twenty-one (21) days from the date of thisOrder to respond to re 31 Motion to dismiss. Signed by Magistrate Judge Norah McCann King on 11/26/12. (rew )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JOHN D. COCKSHUTT,
Plaintiff,
vs.

Civil Action 2:12-cv-532
Judge Marbley
Magistrate Judge King

STATE OF OHIO, DEPARTMENT
OF REHABILITATON & CORRECTION,
et al.,
Defendants.

ORDER
On October 24, 2012, defendant Bo Schmutz filed a motion to dismiss.
Doc. No. 31.

Although the time for responding has passed, plaintiff has

nevertheless failed to respond to defendant Schmutz’s motion.
Plaintiff is advised that the local rules of this Court provide
that “[f]ailure to file a memorandum in opposition may be cause for
the Court to grant any Motion, other than one which would result
directly in entry of final judgment or an award of attorney fees.”
S.D. Ohio L.R. 7.2(a)(2).
Plaintiff is GRANTED twenty-one (21) days from the date of this
Order to respond to the motion to dismiss.

Failure to do so will be

construed by the Court as an abandonment on the part of the plaintiff
of the action, and will result in the dismissal of the claims against
defendant Schmutz for want of prosecution.

November 26, 2012

s/Norah McCann King
Norah McCann King
United States Magistrate Judge