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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Donald M. Kelly,
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Plaintiff,
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vs.
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United States of America,
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Defendant.
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No. CV 11-8125-PCT-FJM
ORDER

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We have before us defendant's motion to dismiss (doc. 5), to which no response was

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filed. Plaintiff filed this action in the Prescott Justice Court on June 23, 2011 against Martha

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Mashlonik, his supervisor at the United States Department of Veterans Affairs. The United

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States removed this action on August 12, 2011 and was substituted as defendant on August

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15, 2011. Defendant now seeks to dismiss pursuant to Rule 12(b)(1), Fed. R. Civ. P., for lack

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of subject matter jurisdiction.

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Because plaintiff did not respond to defendant’s motion to dismiss, we grant it

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summarily. LRCiv 7.2(i) (permitting non-compliance with briefing requirements to be

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deemed consent to the granting of a motion).

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Accordingly, IT IS HEREBY ORDERED GRANTING defendant's motion to
dismiss (doc. 5).
DATED this 5th day of October, 2011.