Miller v. United States of America

Filing 11

RULING : The Court finds that the motion for summary judgment should be granted as a matter of fact and law. Therefore, plaintiffs case is dismissed with prejudice. Signed by Judge Frank J. Polozola on 4/29/09. (BP, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

WASH MILLER VERSUS UNITED STATES OF AMERICA

CIVIL ACTION NUMBER 08-90-FJP-DLD RULING

This matter is before the Court on the motion for summary judgment by the United States which was filed on February 12, 2009.1 Because the plaintiff has failed to oppose this motion

within twenty days as required by Local Rule 7.5M, the Court must assume that he has no opposition to this motion.2 Furthermore,

based on the pleadings submitted, the Court finds that the motion for summary judgment should be granted as a matter of fact and law. Therefore, plaintiff's case is dismissed with prejudice. IT IS SO ORDERED. Baton Rouge, Louisiana, April 29, 2009.

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

1

Rec. Doc. No. 10.

See Local Rule 7.5M, which requires "[e]ach respondent opposing a motion [to] file a response, including opposing affidavits, memorandum, and such supporting documents as are then available, within 20 days after service of the motion." Doc#45988

2