Potter v. Social Security Administration, Commissioner of
MEMORANDUM AND ORDER granting 9 Motion to Dismiss. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 6/25/2012. (bmw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
Case No. 11-2634-SAC
MICHAEL J. ASTRUE,
MEMORANDUM AND ORDER
On April 30, 2012, defendant filed a motion to dismiss (Doc.
After plaintiff failed to respond to the motion, the
court, on May 22, 2012, issued a show cause order, directing
plaintiff to show cause to the court, no later than, June 12,
2012, why defendant’s motion should not be considered and decided
as an uncontested motion pursuant to D. Kan. Rule 7.4(b).
Plaintiff has failed to either respond to the show cause order or
request additional time to respond to the show cause order.
Therefore, the court will consider defendant’s motion to dismiss
as an uncontested motion.
D. Kan. Rule 7.4(b) states that,
ordinarily, the court will grant such an uncontested motion
without further notice.
Defendant asserts that the motion to
dismiss should be granted for lack of subject matter jurisdiction
and for failure to state a claim upon which relief can be
Plaintiff has failed to present any reason for not
granting the motion for the reasons set forth by defendant in his
IT IS THEREFORE ORDERED that defendant’s motion to dismiss
(Doc. 9-10) is granted.
Dated this 25th day of June, 2012, Topeka, Kansas.
s/ Sam A. Crow
Sam A. Crow, U.S. District Senior Judge
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