Citation Codes Equivalent Citations citation codes Docket Number No. CIV S-04-0758 GEB EFB P. Motions Motion to dismiss : Denied Judges Edmund F. Brennan Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights See more information ... Smart Summary Please sign up to generate summary. TOMMY ROY KEETON, Plaintiff, v. DEMARS FORSYTHE, Defendants. ORDER EDMUND BRENNAN, Magistrate Judge Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 U.S.C. § 1983. On November 14, 2007, the court found that plaintiff failed to file an opposition to defendants' motion to dismiss and recommended that this action be dismissed without prejudice. On November 13, 2007, plaintiff delivered his opposition to prison officials for delivery to this court, and the opposition was entered into the docket on November 15, 2007. Accordingly, plaintiff has filed an opposition to the motion to dismiss. Accordingly, it is ORDERED that the November 14, 2007, findings and recommendations are vacated and defendants' motion to dismiss is submitted. See Local Rule 78-230(m).