Opinion
CASE NO. 5:11-CV-331-MTT-MSH
11-28-2011
MICHAEL JAMES HILL, Plaintiff, v. CARL HUMPHREY, et al., Defendants.
42 U.S.C. § 1983
NOTIFICATION OF DEFENDANTS' FILING OF
SUMMARY JUDGMENT MOTION
Defendants Humphrey, Malone, and Smith have filed a Motion to Dismiss, accompanied by a brief and other supporting material. The court is required to adequately advise the Plaintiff of the significance of the Defendants' Motion to Dismiss pursuant to Griffith v. Wainwright, 772 F.2d 822 (11th Cir. 1985). In an effort to afford the Plaintiff, who is proceeding pro se, adequate notice and time to respond to Defendants' motion, the following notice is given. Therefore, Plaintiff is ORDERED to respond to Defendant's motion to dismiss and show why his Complaint should not be dismissed.
The law provides that the party against whom dismissal is sought must be given a ten (10) day notice of the dismissal rules. In addition, the party against whom a motion to dismiss has been filed has the right to file a brief in opposition to the motion. If a plaintiff fails to file a brief in opposition to the motion to dismiss, a final judgment may be rendered against him if otherwise appropriate under law.
FAILURE OF THE PLAINTIFF HEREIN TO RESPOND TO AND REBUT THE LEGAL ARGUMENTS SET FORTH IN THE DEFENDANTS' BRIEF MAY RESULT IN SAID STATEMENTS BEING ACCEPTED AS UNCONTESTED AND CORRECT. The court could grant judgment to the Defendants and there would be no further proceedings. Accordingly, Plaintiff is NOTIFIED of his right to file a Response to Defendants' Motion to Dismiss in accordance with the Federal Rules of Civil Procedure. Any such response should be filed WITHIN THIRTY (30) DAYS. Thereafter, the court will consider Defendants' Motion to Dismiss and any opposition to same filed by Plaintiff and issue its ruling thereon.
Stephen Hyles
UNITED STATES MAGISTRATE JUDGE