KELLEHER v. REGAN

Filing 43

ORDER. The plaintiff's 42 Motion for Summary Judgment is DENIED AS MOOT. See text for details. The Clerk of Court is directed to close this case and mail a copy of this Order to the plaintiff's address of record. Signed by Judge Dabney L. Friedrich on September 26, 2024 (lcdlf3).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BRIAN T. KELLEHER,
Plaintiff,
v.

No. 23-cv-01346 (DLF)

MICHAEL REGAN,
Defendant.
ORDER
Before the Court is the defendant’s Motion for Summary Judgment, Dkt. 42. For the
reasons stated, the Court will DENY the motion as moot.
Brian Kelleher, proceeding pro se, filed his third amended complaint on December 27,
2023, bringing claims against the Environmental Protection Agency for alleged violations related
to the agency’s treatment of climate change. Amended Complaint, Dkt. 24. On August 23,
2024, the Court dismissed the plaintiff’s Third Amended Complaint for failure to comply with
Rules 8 and 12 of the Federal Rules of Civil Procedure. Order, at 2, Dkt. 41. The Court
instructed the plaintiff to file any amended complaint on or before September 23, 2024, or the
case would be dismissed. Id., at 4. On September 23, 2024, instead of filing an amended
complaint, the plaintiff filed a Motion for Summary Judgment, Dkt. 42. Because the plaintiff
currently has no claim before the Court, his motion for summary judgment is moot. See Carty v.
CVS Pharma., LLC, 264 F. Supp. 3d 190, 198 n.8 (D.D.C. 2017). Further, the plaintiff has been
given three opportunities to file a complaint that complies with the Federal Rules of Civil
Procedure. He has failed to do so by the deadline the Court imposed, despite the Court’s clear
warning that this was his “final opportunity.” Order, at 4.

Accordingly, it is
ORDERED that the plaintiff’s Motion for Summary Judgment, Dkt. 42, is DENIED AS
MOOT. This is a final appealable order.
The Clerk of Court is directed to close this case and mail a copy of this Order to the
plaintiff’s address of record.
SO ORDERED.

________________________
DABNEY L. FRIEDRICH
United States District Judge

September 26, 2024

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