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Felder v. Corrections Corporation of America

United States District Court, District Circuit

October 15, 2013

Bettye Felder, Plaintiff,
v.
Corrections Corporation of America, Defendant.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, United States District Judge.

Pending is Defendant’s Motion to Dismiss [Dkt. # 4]. After granting plaintiff’s motions for time to retain counsel to oppose the motion, the Court on September 3, 2013, gave plaintiff until October 1, 2013, to file her response to defendant’s motion with or without counsel. Plaintiff was informed that since she was allowed approximately five months to retain counsel and file a response, she would be granted no more extensions of time without demonstrating extraordinary circumstances. Sept. 3, 2013 Min. Order. Counsel has not appeared in the case on plaintiff’s behalf, and plaintiff has not filed a response to defendant’s motion.

Defendant Corrections Corporation of America (“CCA”) argues essentially that plaintiff has named the wrong defendant for the claims stemming from her medical care at the District’s Correctional Treatment Facility because CCA has contracted with the District to provide security services, not medical care. See Mot. at 3-5. Defendant further argues that the complaint fails to implicate CCA or CCA employees in any misconduct. Id. at 4. Since plaintiff has not contested these valid arguments, the Court will grant defendant’s motion and will dismiss the case for failure to state a claim upon which relief can be granted. See Hopkins v. Women's Div., General Bd. of Global Ministries, 284 F.Supp.2d 15, 25 (D.D.C. 2003), aff'd 98 Fed.Appx. 8 (D.C. Cir. 2004) (“It is well understood in this Circuit that . . . a court may treat [unopposed] arguments [in a dispositive motion] . . . as conceded.”) (citing FDIC v. Bender, 127 F.3d 58, 67-68 (D.C. Cir. 1997) (other citation omitted). A separate Order accompanies this Memorandum Opinion.


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