Corley v. US Bancorp
ORDER granting 8 Motion to Dismiss. This case is dismissed. The Clerk of Court is instructed to VACATE the October 23, 2017, hearing and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 10/4/2017. (Copies have been distributed pursuant to the NEF - DC)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Dashawn Lamark Corley,
Order Granting Motion to Dismiss
and Closing Case
[ECF No. 8]
U.S. Bancorp; Andrew Cecerre,
On August 30, 2017, Defendants U.S. Bancorp and Andrew Cecere moved to dismiss all
claims under Federal Rule of Civil Procedure 12(b)(6).1 Corley requested, and was granted, an
extension of his deadline to oppose the motion to dismiss, which made his response due by
September 27, 2017.2 That deadline expired a week ago, and Corley has not responded to or sought
a second extension of time to oppose the motion to dismiss.
Corley’s silence constitutes his consent to granting the motion under Local Rule 7-2(d),
which states that “[t]he failure of an opposing party to file points and authorities in response to any
motion . . . constitutes a consent to the granting of the motion.”3 Accordingly, and with good cause
appearing, I construe plaintiff’s failure to oppose the motion as his consent to granting it, and
IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss [ECF No. 8] is
GRANTED. This case is dismissed. The Clerk of Court is instructed to VACATE the October
23, 2017, hearing and CLOSE THIS CASE.
Dated October 4, 2017.
Jennifer A. Dorsey
United States District Judge
ECF No. 8.
ECF No. 14.
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