Kinsman v. Naphcare, Inc. et al

Filing 17

ORDER granting 8 Motion to Dismiss. All claims against the Clark County Detention Center are DISMISSED. IT IS FURTHER ORDERED that the hearing on this motion, scheduled for 3/20/17 at 3:00 p.m., is VACATED. Signed by Judge Jennifer A. Dorsey on 2/22/2017. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Donald Kinsman,

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2:17-cv-0152-JAD-NJK

Plaintiff
Order Granting Unopposed
Motion to Dismiss Claims against
Clark County Detention Center

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v.

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Naphcare, Inc., et al.,
[ECF No. 8]

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Defendants

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Plaintiff Donald Kinsman sues various entities for actions that he alleges occurred during

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his detention at the Clark County Detention Center (CCDC). The CCDC moves to dismiss all

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claims against it, primarily because the CCDC is a building, not an entity capable of being sued.1

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Plaintiff has not opposed the motion, and the deadline for response passed without any request

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for an extension. Local Rule 7-2(d) states that the “failure of an opposing party to file points and

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authorities in response to” a motion to dismiss “constitutes a consent to the granting of the

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motion.”2 I invoke LR 7-2(d) and deem the plaintiff’s failure to oppose this motion to dismiss as

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consent to granting the motion; accordingly,
IT IS HEREBY ORDERED that the Clark County Detention Center’s Motion to Dismiss

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[ECF No. 8] is GRANTED; all claims against the Clark County Detention Center are

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DISMISSED;
IT IS FURTHER ORDERED that the hearing on this motion, scheduled for 3/20/17 at

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3:00 p.m., is VACATED.
DATED: February 22, 2017

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_______________________________
Jennifer A. Dorsey
United States District Judge

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ECF No. 8. Any opposition was due by 2/13/17.

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Nev. L.R. 7-2(d).