United States of America v. Bailey et al, No. 1:2014cv27450 - Document 111 (S.D.W. Va. 2018)
Court Description: MEMORANDUM OPINION AND ORDER denying without prejudice defendant T. A. Bailey's 87 MOTION to Dismiss. Signed by Senior Judge David A. Faber on 6/11/2018. (cc: counsel of record and any unrepresented parties) (arb)
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United States of America v. Bailey et al Doc. 111 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO. 1:14-27450 SHERIFF T.A. BAILEY, as representative of the ESTATE OF TIMOTHY W. CANADAY, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is defendant T.A. Bailey’s Motion to Dismiss. (ECF No. 87). That motion was filed in the same document as defendant’s Answer and was not accompanied by a memorandum in support. Local Rule of Civil Procedure 7.1(a)(2) requires a motion to dismiss be accompanied by a memorandum and further provides that “[i]f a memorandum is not submitted as required by this rule or by the court, the motion will be denied without prejudice.” Based on the foregoing, defendant’s motion to dismiss is DENIED without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties. IT IS SO ORDERED this 11th day of June, 2018. ENTER: David A. Faber Senior United States District Judge Dockets.Justia.com
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