FELDER v. CORRECTIONS CORPORATION OF AMERICA

Filing 16

MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Colleen Kollar-Kotelly on 10/15/13.(ah)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Bettye Felder,
Plaintiff,
v.
Corrections Corporation
of America,
Defendant.

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Civil Action No. 13-0271 (CKK)

MEMORANDUM OPINION
Pending is Defendant’s Motion to Dismiss [Dkt. # 4]. After granting plaintiff’s motions
for time to retain counsel to oppose the motion, the Court on September 3, 2013, gave plaintiff
until October 1, 2013, to file her response to defendant’s motion with or without counsel.
Plaintiff was informed that since she was allowed approximately five months to retain counsel
and file a response, she would be granted no more extensions of time without demonstrating
extraordinary circumstances. Sept. 3, 2013 Min. Order. Counsel has not appeared in the case on
plaintiff’s behalf, and plaintiff has not filed a response to defendant’s motion.
Defendant Corrections Corporation of America (“CCA”) argues essentially that plaintiff
has named the wrong defendant for the claims stemming from her medical care at the District’s
Correctional Treatment Facility because CCA has contracted with the District to provide security
services, not medical care. See Mot. at 3-5. Defendant further argues that the complaint fails to
implicate CCA or CCA employees in any misconduct. Id. at 4. Since plaintiff has not contested
these valid arguments, the Court will grant defendant’s motion and will dismiss the case for
failure to state a claim upon which relief can be granted. See Hopkins v. Women's Div., General
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Bd. of Global Ministries, 284 F. Supp. 2d 15, 25 (D.D.C. 2003), aff'd 98 Fed.Appx. 8 (D.C. Cir.
2004) (“It is well understood in this Circuit that . . . a court may treat [unopposed] arguments [in
a dispositive motion] . . . as conceded.”) (citing FDIC v. Bender, 127 F.3d 58, 67-68 (D.C. Cir.
1997) (other citation omitted). A separate Order accompanies this Memorandum Opinion.

DATE: October 15, 2013

__________s/s__________________
COLLEEN KOLLAR-KOTELLY
United States District Judge

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