Brown v. Osceola Arkansas, City of
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
TRAVIS CENTELL BROWN
CASE NO. 3:15CV00054 BSM
CITY OF OSCEOLA, ARKANSAS
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
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