Docket Item 10

Issued on 26-Mar-2010, docket item 10 in the matter of Sollars v. Reid et al. is the Court's Order and Notice informing the pro se Defendant of the need to respond to Defendants' Motion to Dismiss.

Transcript

The original document is archived and a transcript appears below.

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To the plaintiff: Albert Sollars

The Defendants filed a motion to dismiss on March 26, 2010. In the spirit of Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982) and Timms v. Frank, 953 F.2d 281, 285 (7th Cir.1992), cert. denied, 504 U.S. 957, 112 S.Ct. 2307, 119 L.Ed.2d 228 (1992), the plaintiff is hereby notified of his obligation to respond to the defendants’ motion to dismiss. Plaintiff’s response to the Motion to Dismiss must be filed with the court on or before April 12, 2010.

By filing a motion to dismiss, the defendants are asking to have this suit decided in their favor because you have either failed to present facts in your Complaint which would entitle you to relief or this court is without jurisdiction to entertain your claim. In ruling on this motion, any factual assertions contained in your Complaint will be assumed by the court to be true and you may rely solely on these allegations in defending against the defendants’ motion to dismiss. However, you may choose to supplement your complaint by stating why the facts you have already presented to the court entitle you to relief under the law. Only after assuming your

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allegations are true and finding that these allegations do not state a claim under the law or fail to give this court jurisdiction over your claim, shall a dismissal be entered against you.

Conclusion

Plaintiff shall file a response to the aforementioned motion no later than April 12, 2010. If no response is filed, the Court will proceed to rule based on the current state of the record.