Opinion
Civil No. 3:CV-00-17.
November 15, 2005
ORDER
NOW, THIS 15th DAY OF NOVEMBER, 2005, IT IS HEREBY ORDERED THAT Defendants' Motion for Enlargement of Time within which to file an answer to the remaining claims in Plaintiff's complaint (Doc. 200) is granted. If necessary, Defendants shall file their answer on or before December 8, 2005.
On October 26, 2005, the court issued an Order granting a motion to dismiss filed by Defendants in accordance with Federal Rule of Civil Procedure 41(b), and directing them to file a response to the claims remaining in the complaint within fifteen (15) days. (Doc. 199.) The court also directed Plaintiff to advise the court within ten (10) days as to whether he wishes to continue litigating this action based upon the facts that he is now no longer in prison and has failed to oppose a motion for summary judgment and a motion to dismiss filed in this case since his release. To date the court has not received any notification from Plaintiff. If Plaintiff fails to notify the court within the prescribed time period, the remaining claims in the case may be dismissed pursuant to Fed.R.Civ.P. 41(b), and therefore it would be unnecessary for Defendants to file their response.