Brooks v. Trump

Filing 27

ORDER - Defendant's Motion to Dismiss (ECF No. 25 ) is granted. Plaintiff's Complaint (ECF No. 17 ) is dismissed without prejudice. Clerk is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 11/17/2020. (Copies have been distributed pursuant to the NEF - AB)

Download PDF
Case 3:19-cv-00332-MMD-WGC Document 27 Filed 11/17/20 Page 1 of 1 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 7 8 ANTHONY J. BROOKS, Case No. 3:19-cv-00332-MMD-WGC Plaintiff, ORDER v. DONALD J. TRUMP, et al., 9 Defendants. 10 11 Before the Court is Defendants’ Motion to Dismiss Plaintiff’s Complaint for Failure 12 to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(1) (“Motion”) filed on March 9, 2020. 13 (ECF No. 25.) The time for Plaintiff to respond has long expired and to date, Plaintiff has 14 failed to respond to the Motion. Local Rule 7-2(d) provides that "[t]he failure of an 15 opposing party to file points and authorities in response to any motion, except a motion 16 under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the 17 granting of the motion." Plaintiff has failed to respond to the Motion. The Court therefore 18 grants the Motion. However, the Court exercises its discretion to dismiss the Complaint 19 without prejudice. 20 It is therefore ordered that Defendants Motion to Dismiss (ECF No. 25) is granted. 21 It is further ordered that Plaintiff’s Complaint (ECF No. 17) is dismissed without 22 prejudice. 23 The Clerk of Court is directed to enter judgment accordingly and close this case. 24 DATED THIS 17th Day of November 2020. 25 26 27 28 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?