Kelly v. Mashlonik et al

Filing 6

ORDER granting 5 defendant's Motion to Dismiss. Signed by Judge Frederick J Martone on 10/5/11.(TLJ)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Donald M. Kelly, 9 Plaintiff, 10 vs. 11 United States of America, 12 Defendant. 13 ) ) ) ) ) ) ) ) ) ) No. CV 11-8125-PCT-FJM ORDER 14 We have before us defendant's motion to dismiss (doc. 5), to which no response was 15 filed. Plaintiff filed this action in the Prescott Justice Court on June 23, 2011 against Martha 16 Mashlonik, his supervisor at the United States Department of Veterans Affairs. The United 17 States removed this action on August 12, 2011 and was substituted as defendant on August 18 15, 2011. Defendant now seeks to dismiss pursuant to Rule 12(b)(1), Fed. R. Civ. P., for lack 19 of subject matter jurisdiction. 20 Because plaintiff did not respond to defendant’s motion to dismiss, we grant it 21 summarily. LRCiv 7.2(i) (permitting non-compliance with briefing requirements to be 22 deemed consent to the granting of a motion). 23 24 25 26 27 28 Accordingly, IT IS HEREBY ORDERED GRANTING defendant's motion to dismiss (doc. 5). DATED this 5th day of October, 2011.

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