Foley v. Teuton et al

Filing 79

ORDER granting 77 Motion to Dismiss. The Clerk is directed to close this case. Signed by Judge James C. Mahan on 9/10/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-01024-JCM-VCF Document 79 Filed 09/10/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHAEL FOLEY,

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Plaintiff(s),

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Case No. 2:17-CV-1024 JCM (VCF)
ORDER

v.
SYLVIA TEUTON, et al.,

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Defendant(s).

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Presently before the court is plaintiff Michael Foley’s motion to dismiss defendant Clark
County Detention Center (“CCDC”). (ECF No. 77).

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This matter was initiated on April 10, 2017. (ECF No. 1). Having been affirmed at the

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Ninth Circuit, this court ordered the remaining parties, plaintiff Michael Foley and defendant Clark

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County Detention Center, to file a status report with how this case is expected to proceed. (ECF

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No. 75).

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On August 13, 2020, former defendant Joseph Lombardo timely filed a status report,

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arguing that this case is ripe for dismissal because “(1) CCDC is not an individual or an entity,

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only a building; (2) the proper party is LVMPD which was not named in the Complaint; (3)

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Plaintiff failed to take any timely steps to serve ‘CCDC’; and (4) Plaintiff never sought to amend

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his Complaint to name LVMPD.” (ECF No. 76). Plaintiff Michael Foley filed no status report or

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response.

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Indeed, the record shows that the CCDC’s summons was returned unexecuted on January

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5, 2018. (ECF No. 41). In over two years, plaintiff has made no efforts to remedy this defect in

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service nor appropriately amend his complaint.

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James C. Mahan
U.S. District Judge

Case 2:17-cv-01024-JCM-VCF Document 79 Filed 09/10/20 Page 2 of 2

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On September 9, 2020, plaintiff filed the instant motion to dismiss. (ECF No. 77). Plaintiff

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seeks to dismiss the remaining defendant, conceding that “this court will not recognize an

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inanimate object like [CCDC].” (Id.). Plaintiff construes Lombardo’s status report as non-

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opposition, and this court will too. (ECF No. 75).

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In light of the foregoing, this court grants plaintiff’s motion to dismiss the remaining

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defendant CCDC. See Kile v. N. Pac. Const. Co., 919 F.2d 145 (9th Cir. 1990) (“The district court

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did not abuse its discretion in dismissing the international union sua sponte for lack of service of

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process five years after filing the complaint.”). Now having resolved all claims against all

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defendants, this matter is hereby closed.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff Michael Foley’s

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motion to dismiss be, and hereby is, GRANTED. (ECF No. 77).

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The clerk is ordered to close this case.

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DATED September 10, 2020.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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