United States District Court, D. Columbia
October 6, 2005.
EMILE MAXMILLION SAINT PATRICK HIGGINS, Plaintiff,
GOVERNMENT OF THE DISTRICT OF COLUMBIA, et al., Defendants.
The opinion of the court was delivered by: HENRY KENNEDY JR., District Judge
This action, brought under 42 U.S.C. § 1983, is before the
Court on defendant District of Columbia's motion to dismiss for
failure to state a claim upon which relief may be granted. The
complaint against the Department of Corrections and District of
Columbia Jail Warden Steven Smith was previously dismissed. See
Order (Oct. 7, 2004). By Order of July 21, 2005, plaintiff was
advised to respond to the remaining defendant's motion by August
31, 2005, or risk dismissal of the complaint. Plaintiff has
neither responded to the motion nor sought additional time to
respond. The Court therefore will grant the District of
Columbia's motion to dismiss as conceded and will dismiss the
case in its entirety. A separate Order accompanies this
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