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Floyd v. Nash

November 1, 2006

NAKITA DARNELL FLOYD ADC #118910 PLAINTIFF
v.
ANDRE NASH, ET AL. DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER

Defendant Jamie Boyd has filed a Motion to Dismiss*fn1 alleging that this pro se § 1983 action should be dismissed because: (1) There is no basis pleaded to invoke the jurisdiction of this court; (2) There is no diversity of citizenship for purposes of jurisdiction; (3) Ms. Boyd is an employee of Crittenden Publishing Company, and she is not a state actor under 42 U.S.C. § 1983; (4) No civil rights conspiracy is pleaded; and (5) Plaintiff fails to state a claim for slander, and in the alternative, Ms. Boyd's actions were privileged. See docket entry #24. The Court concludes that a Response from Plaintiff would be helpful to the resolution of that Motion.

IT IS THEREFORE ORDERED THAT:

1. Plaintiff shall file, within thirty days of the entry of this Order, a Response to Defendants' Motion to Dismiss (docket entry #12).

2. Plaintiff is hereby advised that his failure to timely comply with this Order could result in the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2),*fn2 and that such dismissal could ...


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