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Gumby v. Potter

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 17, 2006

CRYSTAL L. GUMBY, PLAINTIFF
v.
JOHN E. POTTER, POSTMASTER GENERAL, DEFENDANT

The opinion of the court was delivered by: Yvette Kane United States District Judge

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On January 20, 2006, Defendant moved to dismiss this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. No. 10.) On February 3, 2006, Defendant filed a timely brief in support of the motion. (Doc. No. 11.) Plaintiff's brief in opposition was due not later than February 21, 2006.*fn1 Plaintiff did not file a timely brief.

On March 1, 2006, Plaintiff was ordered to show cause within 10 calendar days why Defendant's motion to dismiss should not be deemed unopposed. (Doc. No. 12.) Plaintiff was specifically advised that if she failed to respond to this show cause order, the complaint was subject to dismissal without further notice. (Id.)

To date, Plaintiff has neither responded to Defendant's motion to dismiss nor complied with this Court's order to show cause.*fn2 Accordingly, the Court finds it appropriate to consider Defendant's motion to dismiss as unopposed and to dismiss the complaint. WHEREFORE, IT IS HEREBY ORDERED THAT Defendant's motion to dismiss (Doc. No. 10) is GRANTED.

Plaintiff's complaint is hereby DISMISSED. The Clerk of Court is directed to close the file.


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