Moss et al v. Spartanburg County School District No 7

Filing 29

ORDER re 19 MOTION to Dismiss Plaintiffs' Complaint filed by Spartanburg County School District No 7. If no response is filed within ten (10) days from the date of this order, this action will be dismissed for failure to prosecute pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Henry M Herlong, Jr on 10/1/09. (awil)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA SPARTANBURG DIVISION Robert Moss, individually and as general guardian of his minor child; Ellen Tillett, individually and as general guardian of her minor child; and The Freedom From Religion Foundation, Inc., Plaintiffs, vs. Spartanburg County School District No. 7, a South Carolina body politic and corporate, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 7:09-1586-HMH OPINION & ORDER

Pending before the court is Defendant's motion to dismiss. Plaintiffs have failed to respond to the motion to dismiss. Further, Plaintiffs have not filed a motion for an extension of time to respond to the motion to dismiss. Therefore, it appears that Plaintiffs no longer wish to pursue this action. Based on the foregoing, if no response is filed within ten (10) days from the date of this order, this action will be dismissed for failure to prosecute pursuant to Rule 41 of the Federal Rules of Civil Procedure. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina October 1, 2009