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)

Case 3:19-cv-00332-MMD-WGC Document 27 Filed 11/17/20 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANTHONY J. BROOKS,

Case No. 3:19-cv-00332-MMD-WGC
Plaintiff,

ORDER

v.
DONALD J. TRUMP, et al.,

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Defendants.

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Before the Court is Defendants’ Motion to Dismiss Plaintiff’s Complaint for Failure

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to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(1) (“Motion”) filed on March 9, 2020.

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(ECF No. 25.) The time for Plaintiff to respond has long expired and to date, Plaintiff has

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failed to respond to the Motion. Local Rule 7-2(d) provides that "[t]he failure of an

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opposing party to file points and authorities in response to any motion, except a motion

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under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the

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granting of the motion." Plaintiff has failed to respond to the Motion. The Court therefore

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grants the Motion. However, the Court exercises its discretion to dismiss the Complaint

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without prejudice.

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It is therefore ordered that Defendants Motion to Dismiss (ECF No. 25) is granted.

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It is further ordered that Plaintiff’s Complaint (ECF No. 17) is dismissed without

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prejudice.

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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DATED THIS 17th Day of November 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE