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Jackson v. Alton & Southern Railway Co.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 28, 2007

TRACY JACKSON, PLAINTIFF,
v.
THE ALTON & SOUTHERN RAILWAY COMPANY, DEFENDANT.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Now before the Court is Defendant's January 22, 2007 motion to dismiss Count II of Plaintiff's complaint pursuant to Fed.R.Cvi.P. 12(b)(1) and (6) (Doc. 5). Specifically, Defendant argues that the Court should dismiss Count II for failure to exhaust administrative remedies under the Illinois Human Rights Act. As of this date, Plaintiff has not responded to the motion. Pursuant to Local Rule 7.1(c), the Court finds this failure an admission of the merits of the motion.*fn1 Thus, the Court GRANTS Defendant's motion to dismiss Count II of Plaintiff's complaint (Doc. 5). The Court DISMISSES without prejudice Count II of Plaintiff's complaint.

IT IS SO ORDERED.

David RHerndon United States District Judge


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