Kelly v. Mashlonik et al
ORDER granting 5 defendant's Motion to Dismiss. Signed by Judge Frederick J Martone on 10/5/11.(TLJ)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Donald M. Kelly,
United States of America,
No. CV 11-8125-PCT-FJM
We have before us defendant's motion to dismiss (doc. 5), to which no response was
filed. Plaintiff filed this action in the Prescott Justice Court on June 23, 2011 against Martha
Mashlonik, his supervisor at the United States Department of Veterans Affairs. The United
States removed this action on August 12, 2011 and was substituted as defendant on August
15, 2011. Defendant now seeks to dismiss pursuant to Rule 12(b)(1), Fed. R. Civ. P., for lack
of subject matter jurisdiction.
Because plaintiff did not respond to defendant’s motion to dismiss, we grant it
summarily. LRCiv 7.2(i) (permitting non-compliance with briefing requirements to be
deemed consent to the granting of a motion).
Accordingly, IT IS HEREBY ORDERED GRANTING defendant's motion to
dismiss (doc. 5).
DATED this 5th day of October, 2011.
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