Van Assche v. Nevada, 2:18-cv-02135-JAD-NJK. (2019)
Court: District Court, D. Nevada
Number: infdco20191024c56
Visitors: 10
Filed: Oct. 23, 2019
Latest Update: Oct. 23, 2019
Summary: Order Granting Motions to Dismiss Claims against Defendants McLane, Wise, and Almeyda-Perez [ECF Nos. 58, 59, 66] JENNIFER DORSEY , District Judge . Pro se plaintiff Sidney T. Van Assche, a former prisoner of the Nevada Department of Corrections, brings this civil-rights action under 42 U.S.C. 1983. Defendants Jim McLane and Claude Wise move to dismiss the claims against them, and Defendant Julian Almeyda-Perez, M.D. joins in McLane's motion. 1 Van Assche's deadline to respond to these
Summary: Order Granting Motions to Dismiss Claims against Defendants McLane, Wise, and Almeyda-Perez [ECF Nos. 58, 59, 66] JENNIFER DORSEY , District Judge . Pro se plaintiff Sidney T. Van Assche, a former prisoner of the Nevada Department of Corrections, brings this civil-rights action under 42 U.S.C. 1983. Defendants Jim McLane and Claude Wise move to dismiss the claims against them, and Defendant Julian Almeyda-Perez, M.D. joins in McLane's motion. 1 Van Assche's deadline to respond to these m..
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Order Granting Motions to Dismiss Claims against Defendants McLane, Wise, and Almeyda-Perez
[ECF Nos. 58, 59, 66]
JENNIFER DORSEY, District Judge.
Pro se plaintiff Sidney T. Van Assche, a former prisoner of the Nevada Department of Corrections, brings this civil-rights action under 42 U.S.C. § 1983. Defendants Jim McLane and Claude Wise move to dismiss the claims against them, and Defendant Julian Almeyda-Perez, M.D. joins in McLane's motion.1 Van Assche's deadline to respond to these motions passed without opposition or a request to extend the deadline to file one. 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." I apply this rule and construe Van Assche's silence as consent to granting these motions. Accordingly,
IT IS HEREBY ORDERED that these motions to dismiss [ECF Nos. 58, 59, 66] are GRANTED. All claims against defendants Jim McLane, Claude Wise, and Julian Almeyda-Perez, M.D. are DISMISSED.
FootNotes
1. ECF Nos. 58 (McLane), 59 (Wise), 66 (Almeyda-Perez).
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