Bryant v. Charlotte Eye Ear Nose & Throat Associates, PA ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:18-CV-381-DCK MELVIN G. BRYANT, ) ) Plaintiff, ) ) v. ) ORDER ) CHARLOTTE EYE EAR NOSE & ) THROAT ASSOCIATES, PA, ) Defendant. ) ) THIS MATTER IS BEFORE THE COURT sua sponte regarding the filing of “Defendant’s Motion For Summary Judgment” (Document No. 34) on December 20, 2019. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate. The undersigned observes that a response to the pending dispositive motion was due by January 3, 2020. To date, pro se Plaintiff has failed to file a response. In accordance with Roseboro v. Garrison, 582 F.2d 309 (4th Cir. 1975), the Court advises Plaintiff, who is proceeding pro se, that he has a right to respond to Defendant’s motion. The Court also advises Plaintiff that failure to respond may result in Defendant being granted the relief it seeks, that is, a judgment in favor of Defendant on all claims. Under the circumstances of this case, the undersigned will sua sponte allow pro se Plaintiff an extension of time to file a response. IT IS, THEREFORE, ORDERED that Plaintiff shall file a response to “Defendant’s Motion For Summary Judgment” (Document No. 34) on or before January 17, 2020. Failure to file a timely and persuasive response will likely lead to judgment in favor of Plaintiff and the dismissal of this lawsuit. The Clerk of Court is directed to send a copy of this Order to pro se Plaintiff by certified U.S. mail, return receipt requested. SO ORDERED. Signed: January 6, 2020 b ) cnt —— David C. Keesler Tg United States Magistrate Judge ee