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KRYACHOV v. MOOSER MOTO, LLC, 5:13CV73-RLV. (2013)

Court: District Court, W.D. North Carolina Number: infdco20130826857 Visitors: 8
Filed: Aug. 23, 2013
Latest Update: Aug. 23, 2013
Summary: ORDER RICHARD L. VOORHEES, District Judge. THIS MATTER comes before the Court on Defendants' Motion To Dismiss and Memorandum In Support, filed July 25, 2013. (Doc. 10). To date, Plaintiff has not responded. After having carefully reviewed the pleadings, it appears that Defendants may be entitled to dismissal of all or part of this action as a matter of law. See Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). As a result, the instant Order serves as NOTICE to Plaintiff Kryachov,
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ORDER

RICHARD L. VOORHEES, District Judge.

THIS MATTER comes before the Court on Defendants' Motion To Dismiss and Memorandum In Support, filed July 25, 2013. (Doc. 10). To date, Plaintiff has not responded.

After having carefully reviewed the pleadings, it appears that Defendants may be entitled to dismissal of all or part of this action as a matter of law. See Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975).

As a result, the instant Order serves as NOTICE to Plaintiff Kryachov, who is proceeding pro se, of the following:

PLAINTIFF, you are entitled to an opportunity to respond to Defendants' motion. You may not allege new facts surrounding the events in question as part of your response. You should base your response and/or argument(s) solely on the allegations contained in your original complaint and/or Defendants' Motion to Dismiss. You are further advised that you have thirty (30) days from the filing of this Order in which to file your response and any documents, affidavits, or unsworn declarations you may wish to submit in opposition to Defendants' Motion.

IT IS, THEREFORE, ORDERED that Plaintiff has thirty (30) days, or until Monday, September 23, 2013, to RESPOND to Defendants' Motion to Dismiss. FAILURE TO RESPOND MAY RESULT IN SUMMARY DISMISSAL OF PLAINTIFF'S CLAIMS.

Source:  Leagle

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