Le v. Barbale et al

Filing 38

ORDER granting 21 Defendant's Motion to Dismiss with prejudice by Judge Marsha J. Pechman.(MD, mailed copy of order to pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KHANH M. LE,

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CASE NO. C13-694MJP
Plaintiff,

ORDER OF DISMISSAL

v.
SACRAMENTO COUNTY SHERIFF, et
al.,

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Defendants.
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This matter comes before the Court on the motion to dismiss filed by the County of
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Sacramento and the Sacramento County Sheriff. (Dkt. No. 21.) Having reviewed the motion,
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Plaintiff’s response (Dkt. No. 32), and the remaining record, the Court GRANTS the motion and

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orders that this action is DISMISSED with prejudice.
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In their motion, the Sacramento County Defendants assert a number of defenses,
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including lack of personal jurisdiction and failure to state a claim upon which relief can be
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granted. (Dkt. No. 21 at 2-5); see also Fed. R. Civ. P. 12(b)(2), Fed. R. Civ. P. 12(b)(6).
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Plaintiff’s response contains no substantive argument, and states only that he “object[]s to the

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ORDER OF DISMISSAL- 1

1 Defendants’ motion to dismiss my complaint” and “request[s] that the Court deny the motion.”
2 (Dkt. No. 32 at 1.) Plaintiff does not address any of the arguments raised by Defendants in their
3 motion. (Id.)
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Plaintiff’s failure to address any of the grounds for dismissal raised by Defendants in

5 their motion is tantamount to a failure to file a response. This Court’s Local Rules explain that
6 failure to file opposition to a motion “may be considered by the court as an admission that the
7 motion has merit.” Local Rules W.D. Wash. LCR 7(b)(2). Because Plaintiff’s opposition failed
8 to substantively respond to Defendants’ motion, the Court considers this an admission that the
9 motion has merit, and therefore GRANTS the motion.
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Defendant’s motion to dismiss is GRANTED and this action is hereby DISMISSED with

11 prejudice.
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The clerk is ordered to provide copies of this order to Plaintiff and to all counsel.

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Dated this 28th day of August, 2013.

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A

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Marsha J. Pechman
United States District Judge

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ORDER OF DISMISSAL- 2