“[A]lthough a party is of course to be given a reasonable opportunity to respond to an opponent’s motion, the sufficiency of a complaint is a matter of law that the court is capable of determining based on its own reading of the pleading and knowledge of the law.”
How later courts described this case
- “[A]lthough a party is of course to be given a reasonable opportunity to respond to an opponent’s motion, the sufficiency of a complaint is a matter of law that the court is capable of determining based on its own reading of the pleading and knowledge of the law.”
Written by the judges who cited it.
The opinion
S OUTHERN DISTRICT OF NEW YORK
GUSTAVE BROWN,
Plaintiff,
v.
NYC/DOC/VCBC WARDEN CARTER, No. 21-CV-8981 (RA)
NYC/DOC/VCBC HOUSING UNIT 3-AA
CAPTAIN GUERRA, NYC/DOC/VCBC ORDER
FACILITY STOREHOUSE CAPTAIN
HORTON, NYC/DOC/VCBC CAPTAIN
JOHN DOE INTAKE SUPERVISING
CAPTAIN,
Defendants.
RONNIE ABRAMS, United States District Judge:
On March 7, 2022, Defendants filed a motion to dismiss Plaintiff’s complaint and, according
to an affidavit of service filed by Defendants’ counsel, served Plaintiff with the papers by mail. Dkts.
13, 15. The Court has not received a response from Plaintiff.
No later than June 30, 2022, Plaintiff shall file either a response to Defendants’ motion or a
letter indicating that he does not intend to file a response. If Plaintiff informs the Court that he intends
to pursue this action but chooses not to oppose Defendants’ motion, the Court will deem the motion
fully briefed and take it under submission. See McCall v. Pataki, 232 F.3d 321, 322–23 (2d Cir.
2000) (“[A]lthough a party is of course to be given a reasonable opportunity to respond to an
opponent’s motion, the sufficiency of a complaint is a matter of law that the court is capable of
determining based on its own reading of the pleading and knowledge of the law.”). If, however,
Plaintiff does not respond to this Order, either by responding to the motion to dismiss or by submitting
a letter indicating that he does not intend to do so, then the Court may dismiss this action for failure
to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
SO ORDERED.
Dated: June 8, 2022 Py
New York, New York ki (_
Ronnie Abrams
United States District Judge