Casas v. Allred et al

Filing 13

ORDER Granting Defendants' 11 Motion to Dismiss. The Clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 11/22/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DANIEL CASAS,

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2:13-CV-175 JCM (CWH)

Plaintiff(s),
v.
C/O ALLRED, et al.,

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Defendant(s).

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ORDER
Presently before the court is defendants Jake Allred’s and Brian Williams’ motion to dismiss.
(Doc. # 11). Pro se plaintiff Daniel Casas has not filed a response.

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At the time of filing, plaintiff was an inmate incarcerated at the Southern Desert Correctional

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Center (“SDCC”). Plaintiff filed a complaint pursuant to 42 U.S.C. § 1983 alleging defendant Allred

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struck him in the stomach, aggravating a prior stomach injury. As a result, plaintiff alleges he

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suffered stomach pain and bleeding from his colostomy site. Plaintiff alleges defendant Williams

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failed to properly train his officers, which caused him emotional distress.

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It appears that plaintiff was discharged from SDCC on July 16, 2013. (See doc. ## 11-C, 11-

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C-1). To date, plaintiff has failed to file a notice of change of address. Plaintiff’s obligation to

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notify the court and opposing parties of his address is mandatory pursuant to LSR 2-2, which

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provides:

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James C. Mahan
U.S. District Judge

The plaintiff shall immediately file with the Court written notification of
any change of address. The notification must include proof of service upon
each opposing party or the party’s attorney. Failure to comply with this Rule
may result in dismissal of the action with prejudice.

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Additionally, plaintiff has failed to file a response to the motion to dismiss, and the deadline to do

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so has long expired.1 Under LR 7-2, plaintiff’s failure to file an opposition itself consents to the

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granting of defendants’ motion. See LR 7-2(d) (“The failure of an opposing party to file points and

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authorities in response to any motion shall constitute a consent to the granting of the motion.”)

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Due to plaintiff’s failure to comply with the local rules, the court finds it appropriate to
dismiss his case.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendants’ motion to

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dismiss (doc. # 11) be, and the same hereby is, GRANTED. The clerk shall enter judgment

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accordingly and close the case.
DATED November 22, 2013.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

The deadline to file a response was September 14, 2013, over two months ago.
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