Gary v. Hall

Full title: CARLTON MICHAEL GARY, Plaintiff v. WARDEN HILTON HALL, Defendant

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Dec 18, 2007

NO. 5:07-CV-149 (WDO) (M.D. Ga. Dec. 18, 2007)

Opinion

NO. 5:07-CV-149 (WDO).

December 18, 2007

PROCEEDINGS UNDER 42 U.S.C. § 1983, BEFORE THE U.S. MAGISTRATE JUDGE. ORDER

CLAUDE HICKS JR., Magistrate Judge

On November 9, 2007, the undersigned issued an ORDER providing until December 3, 2007, for plaintiff CARLTON MICHAEL GARY to respond to the defendant's motion to dismiss the above-styled case. Tab #22. On December 7, 2007, with a response still having not been filed on behalf of plaintiff Gary, the undersigned issued a RECOMMENDATION to grant the defendant's motion to dismiss as unopposed. Tab #24. On December 10, 2007, a response to the defendant's motion was docketed. Tab #25. On December 17, 2007, the clerk received a letter from Gary in which he claims that he mailed his response on December 3, 2007. Tab #26. Because the order providing Gary until December 3^rd to respond was unclear as to whether the response must have been received or mailed at that date, the undersigned believes it is appropriate to VACATE the December 7^th RECOMMENDATION and it is so ORDERED.

Defendant HILTON HALL will be afforded until Friday, January 4, 2008, in which to file a reply to the plaintiff's response if Hall wishes to do so. After receipt of defendant Hall's reply, or after January 5^th, the undersigned will again consider Hall's motion to dismiss.

SO ORDERED.