Robinson v. Watson et al
MEMORANDUM AND ORDER, the Court construes Robinson's failure to respond to the motion to dismiss as an admission of the merits of the motion, GRANTS the motion (Doc. 33 ), DISMISSES this case without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 9/22/2016. (jdh)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Case No. 15-cv-436-JPG-RJD
RICK WATSON, LT. STRUBERG,
CAPTAIN TRICE and ZAC KURTIS, ,
MEMORANDUM AND ORDER
This matter comes before the Court on (now retired) Magistrate Judge Philip M. Frazier’s
order (Doc. 35) directing plaintiff Darryl Robinson to respond by September 6, 2016, to the
defendants’ motion to dismiss this case for failure to state a claim (Doc. 33). It warned Robinson
that if he failed to file a timely response, the Court would construe the absence of a response as an
admission of the merits of the motion to dismiss pursuant to Local Rule 7.1(c). Robinson did not
file a response to the motion. Accordingly, as it warned it would do, the Court construes
Robinson’s failure to respond to the motion to dismiss as an admission of the merits of the motion,
GRANTS the motion (Doc. 33), DISMISSES this case without prejudice and DIRECTS the
Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: September 22, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
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