United States of America v. Canaday

Filing 111

MEMORANDUM OPINION AND ORDER denying without prejudice defendant T. A. Bailey's 87 MOTION to Dismiss. Signed by Senior Judge David A. Faber on 6/11/2018. (cc: counsel of record and any unrepresented parties) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
UNITED STATES OF AMERICA,
Plaintiff,
v.

CIVIL ACTION NO. 1:14-27450

SHERIFF T.A. BAILEY,
as representative of the
ESTATE OF TIMOTHY W. CANADAY,
et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is defendant T.A. Bailey’s Motion
to Dismiss.

(ECF No. 87).

That motion was filed in the same

document as defendant’s Answer and was not accompanied by a
memorandum in support.

Local Rule of Civil Procedure 7.1(a)(2)

requires a motion to dismiss be accompanied by a memorandum and
further provides that “[i]f a memorandum is not submitted as
required by this rule or by the court, the motion will be denied
without prejudice.”

Based on the foregoing, defendant’s motion

to dismiss is DENIED without prejudice.
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record and unrepresented parties.
IT IS SO ORDERED this 11th day of June, 2018.
ENTER:

David A. Faber
Senior United States District Judge