Kelleher v. Regan

• Court: District Court, District of Columbia
• Decided: September 26, 2024
• Docket: Civil Action No. 2023-1346
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BRIAN T. KELLEHER,

Plaintiff,

v. No. 23-cv-01346 (DLF)

MICHAEL REGAN,

Defendant.

ORDER

Before the Court is the defendant’s Motion for Summary Judgment, Dkt. 42. For the

reasons stated, the Court will DENY the motion as moot.

Brian Kelleher, proceeding pro se, filed his third amended complaint on December 27,

2023, bringing claims against the Environmental Protection Agency for alleged violations related

to the agency’s treatment of climate change. Amended Complaint, Dkt. 24. On August 23,

2024, the Court dismissed the plaintiff’s Third Amended Complaint for failure to comply with

Rules 8 and 12 of the Federal Rules of Civil Procedure. Order, at 2, Dkt. 41. The Court

instructed the plaintiff to file any amended complaint on or before September 23, 2024, or the

case would be dismissed. Id., at 4. On September 23, 2024, instead of filing an amended

complaint, the plaintiff filed a Motion for Summary Judgment, Dkt. 42. Because the plaintiff

currently has no claim before the Court, his motion for summary judgment is moot. See Carty v.

CVS Pharma., LLC, 264 F. Supp. 3d 190, 198 n.8 (D.D.C. 2017). Further, the plaintiff has been

given three opportunities to file a complaint that complies with the Federal Rules of Civil

Procedure. He has failed to do so by the deadline the Court imposed, despite the Court’s clear

warning that this was his “final opportunity.” Order, at 4. Accordingly, it is

ORDERED that the plaintiff’s Motion for Summary Judgment, Dkt. 42, is DENIED AS

MOOT. This is a final appealable order.

The Clerk of Court is directed to close this case and mail a copy of this Order to the

plaintiff’s address of record.

SO ORDERED.

________________________ DABNEY L. FRIEDRICH September 26, 2024 United States District Judge