Opinion
2:05-cv-005-GEB-KJM.
October 4, 2005
ORDER
This matter was determined to be suitable for decision without oral argument. L.R. 78-230(h).
On August 3, 2005, Defendant MBNA America Bank, NA ("MBNA") filed a motion to dismiss each claim of Plaintiff's Complaint for failure to state a claim. Plaintiff has filed no opposition to this motion. Plaintiff was warned that failure to comply with the Local Rules' filing requirements may be deemed consent to the Court summarily disposing of the motion. (Status Order filed June 8, 2005, at 3.) Therefore, MBNA's motion to dismiss Plaintiff's Complaint is granted. Plaintiff has twenty days from the date on which this Order is filed to notice a motion seeking leave to file an amended complaint. Failure to notice this motion within the prescribed time will automatically convert this dismissal into a dismissal with prejudice.