Brown v. Osceola Arkansas, City of

Filing 13

ORDER granting 11 Motion to Dismiss for Failure to State a Claim. Brown's failure to respond is viewed as consent to the motion, and his case is hereby dismissed with prejudice. Signed by Chief Judge Brian S. Miller on 7/21/2015. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION TRAVIS CENTELL BROWN v. PLAINTIFF CASE NO. 3:15CV00054 BSM CITY OF OSCEOLA, ARKANSAS POLICE DEPARTMENT DEFENDANT ORDER Defendant City of Osceola police department’s (“the department”) motion to dismiss [Doc. No. 11] is granted. Federal Rule of Civil Procedure 12(b)(6) permits dismissal when the plaintiff fails to state a claim upon which relief can be granted. To meet the 12(b)(6) standard, a complaint must sufficiently allege facts that will entitle the plaintiff to the relief sought. See Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). Although detailed factual allegations are not required, threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, are insufficient. Id. Plaintiff Travis Centell Brown is suing the department for mental anguish and suffering. On May 20, 2015, the department filed a motion to dismiss, contending that Brown’s claims are vague, and duplicative of claims he brought in another action. The time to respond has passed, and Brown has not addressed the department’s motion. Thus, Brown’s failure to respond is viewed as consent to the motion, and this case is hereby dismissed with prejudice. IT IS SO ORDERED this 21st day of July 2015. ________________________________ UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?