Opinion
1:22-cv-2048-RCL
05-15-2023
SHIRNAWAZ ZAKIMI, Plaintiff, v. ANTONY J. BLINKEN, et al., Defendants.
ORDER
Royce C. Lamberth United States District Judge
Plaintiff filed a complaint for writ of mandamus and injunctive relief alleging that defendants failed to process and adjudicate plaintiffs Special Immigrant Visa application within a reasonable period of time. Compl. ¶ 1, ECF No. 1. After the case was transferred to this Court, defendants moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. Defs.' Mot. Dismiss, ECF No. 13. That motion was filed in October of 2022 and plaintiff has neither responded nor filed a motion requesting an extension of time to respond.
Local Civil Rule 7(b) provides that "Within 14 days of the date of service ... an opposing party shall serve and file a memorandum of points and authorities in opposition to the motion." The Rule farther states that, when a party fails to file a memorandum "within the prescribed time, the Court may treat the motion as conceded." That is, it "is well settled that a plaintiffs failure to respond to a motion to dismiss permits a court to grant the motion as conceded." Bakhaje v. B/inken, No. 1:22-cv-642-RCL, 2022 WL 9943852, at *1 (D.D.C. Oct. 17, 2022) (quoting Hoffman v. D.Q, 681 F.Supp.2d 86, 94 (D.D.C. 2010)). Therefore, because "[i]t has now been several months, and plaintiffl] ha[s] not opposed the motion to dismiss, nor filed a request to extend the time to file such an opposition" this Court will treat the portion of defendants' motion requesting that this Court dismiss for lack of subject-matter jurisdiction as conceded and will accordingly dismiss this case on that basis.
It is hereby ORDERED that defendants' motion to dismiss is GRANTED and this case is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.
The clerk is ORDERED to terminate this case.
IT IS SO ORDERED.