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King v. Wells Fargo Bank

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


July 24, 2008

JAMES G. KING JR., PLAINTIFF,
v.
WELLS FARGO BANK, DEFENDANT.

The opinion of the court was delivered by: Henry H. Kennedy, Jr. United States District Judge

MEMORANDUM OPINION

On November 6, 2007, plaintiff, proceeding pro se, filed this action seeking a temporary restraining order to halt foreclosure proceedings at 5321 Blaine Street, Washington, D.C. On March 19, 2008, defendant filed a motion to dismiss [# 19].

On June 17, 2008, the court issued an order [# 26], in accordance with Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988).*fn1 The order advised plaintiff that if he failed to respond to defendant's motion the court could treat the motion as conceded and enter judgment in favor of defendant pursuant to Local Civil Rule 7(b). Rule 7(b) states, in pertinent part, that if a memorandum of points and authorities in opposition to a motion is not filed, "the Court may treat the motion as conceded." LCvR 7(b).

Plaintiff has not filed a memorandum of points and authorities in opposition to defendant's motion to dismiss. Consequently, the court shall deem the motion as conceded. The court also observes that defendant's motion appears to have substantive merit. An appropriate order accompanies this memorandum.


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