Royer v. Federal Bureau of Prisons

UNI'I`ED STATES DISTRICT COURT

FOR THE DISTRIC'I` OF COLUMBIA

RANDALL TODD ROYER,

Plaintiff, v. Civil Action No. 10-1196 (RCL)

FEDERAL BUREAU OF PRISONS,

Defendant.

MEM()RANDUM OPINION

On Novernber 16, 201 1, defendant filed a motion to dismiss the amended complaint, to transfer this action to the United States District Court of the District of Colorado, or for summary judgment [Dkt. #38]. ln its November 17, 201 1 Order, the Coui't advised plaintiff, among other things, of his obligation to file an opposition oi' other response to the motion. Further, that Order expressly warned plaintiff that, if he failed to file his opposition by December 23, 2011, the Court would treat the motion as conceded. ()n Novernber 28, 2011, plaintiff filed a motion [Dkt. #40] under former Fed. R. Civ. P. 56(f) requesting leave to conduct discovery.' According to plaintiff, he did not "possess or have access to facts that would be essential to his opposition." l\/[ot. for Disc. Order 1[ 4. The Court denied the motion on January 12, 2012 [Dkt. #46], and extended the deadline for plaintiffs

' Rule 56 has since been revised. The current rule provides that, "[i]f a nonmovant shows . . . that, for specified reasons, [he] cannot present facts essential to justify [his] opposition, the court may . . . allow time to obtain affidavits or declarations or to take discovery." Fed. R. Civ. P. 56(d)(2). plaintiff’s opposition to February lO, 2012.

To date, plaintiff neither has notified the Clerk of a change of address, has filed an opposition, nor has requested additional time to file an opposition Accordingly, the Court treats defendant’s motion as conceded.

An Order accompanies this Memorandum Opinion. c~}»ZM/FF»

RO E C. LAMBERTH

United States District Judge

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