HICKS v. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, No. 1:2013cv00033 - Document 16 (D.D.C. 2013)

Court Description: MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on August 30, 2013. (AG)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ERIC A. HICKS, Plaintiff, v. EXECUTIVE OFFICE FOR U.S. ATTORNEYS, Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) Civ. Action No. 13-0033 (ESH) MEMORANDUM OPINION Pending before the Court is Defendant s Motion to Dismiss or for Summary Judgment [ECF No. 14]. By Order of July 25, 2013, plaintiff was advised to respond to defendant s motion by August 26, 2013, or risk dismissal of the case on what the Court might treat as a conceded motion. Plaintiff has neither filed a response to the pending motion to dismiss nor sought additional time to do so. Therefore, the Court will treat the motion as conceded and dismiss the case. See FDIC v. Bender, 127 F.3d 58, 68 (D.C. Cir. 1997) (discretion lies wholly with the district court to grant motion to dismiss as conceded). A separate Order accompanies this Memorandum Opinion. DATE: August 30, 2013 ___________/s/___________ ELLEN SEGAL HUVELLE United States District Judge

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