Michael Dutcher v. Centurion Medical Services, et al.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

MICHAEL DUTCHER, ) ) Plaintiff, ) ) vs. ) Case No. 4:26-cv-00692-MTS ) CENTURION MEDICAL SERVICES, ) et al., ) ) Defendants. )

MEMORANDUM AND ORDER Plaintiff has not opposed Defendants the Missouri Department of Corrections and Heather Cofer’s Motion to Dismiss. Doc. [22]. Nor has he filed a motion with the Court for additional time to do so. See Fed. R. Civ. P. 6(b). Consistent with Local Rule 4.01(B), the Court warned Plaintiff that his failure to oppose the Motion could result in the Court deeming any opposition waived. See Doc. [31], [38]. The Court now deems Plaintiff’s opposition waived. Dismissal is proper for that reason.* In addition, the Court will grant the Missouri Department of Corrections and Heather Cofer’s Motion to Dismiss essentially for the reasons stated in their Motion and Memorandum in Support thereof.

* See Thomas v. Walmart Stores, LLP, 4:13-cv-0565-HEA, 2014 WL 117645, at *2 (E.D. Mo. Jan. 13, 2014) (construing failure to oppose a motion to dismiss as an abandonment of plaintiff’s claims and collecting cases doing same); Farraj v. Cunningham, 659 F. App’x 925, 927 (9th Cir. 2016) (mem.) (affirming the district court’s dismissal of plaintiff’s complaint “based on his failure to oppose the motions to dismiss”). Accordingly, IT IS HEREBY ORDERED that Defendants the Missouri Department of Corrections and Heather Cofer’s Motion to Dismiss, Doc. [22], is GRANTED. The Court will enter herewith an Order of Partial Dismissal dismissing them from this action. Dated this 16th day of July 2026. aareneW T. SCHELP UNITED STATES DISTRICT JUDGE

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