Johnson v. DeRose et al

Filing 19

ORDER re: pltf's failure to file amended complaint - It is hereby ORDERED that: 1. Matter shall proceed on pltf's orig complaint 1 ; 2. Defts' motion to dismiss 13 REINSTATED.; 3. Pltf to file br in opp to defts' motion by 10/15/08 - failure to file opp br will result in motion being deemed unopposed & order granting motion to dismiss w/out a merits analysis... (See order for complete details.) Signed by Honorable Christopher C. Conner on 09/30/08. (ki)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PERNELL JOHNSON, : : Plaintiff : : v. : : WARDEN DOMINICK DEROSE, et al., : : Defendants : CIVIL ACTION NO. 1:08-CV-1063 (Judge Conner)

ORDER AND NOW, this 29th day of September, 2008, upon consideration of plaintiff's failure to file an amended complaint, it is hereby ORDERED that: 1. 2. 3. The matter shall proceed on plaintiff's original complaint (Doc. 1). Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 13) is REINSTATED. Plaintiff shall FILE a brief in opposition to defendants' motion on or before October 15, 2008. Failure to file an opposition brief will result in the motion being deemed unopposed and an order granting the motion to dismiss without a merits analysis. See L.R. 7.6; see also Stackhouse v. Mazurkiewicz, 951 F.2d 29, 30 (3d Cir. 1991) (finding a motion to dismiss may be granted without a merits analysis "if a party fails to comply with the rule after a specific direction to comply from the court.) S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge