Opinion
No. 3:10-0643.
February 8, 2011
ORDER
Before the Court is the Defendant's motion to dismiss (Docket Entry No. 15). To date, Plaintiff has not responded to this motion nor sought an extension of time.
In a related action, the Honorable John T. Nixon granted the Defendant's motion for summary judgment in Charles E. Cook v. John McHugh, 3:09-0649 (Docket Entry No. 31, Memorandum Order, January 27, 2011).
Under Local Rules 7.01(b), the "[f]ailure to file a timely response shall indicate that there is no opposition to the motion." Given Plaintiff's failure to respond, the Defendant's motion to dismiss (Docket Entry 14) is GRANTED. This action is DISMISSED with prejudice.
It is so ORDERED. ENTERED this the 7th day of February, 2011.