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