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Mauro v. Kayira

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


January 28, 2008

RONALD MAURO, PLAINTIFF,
v.
FRANCES KAYIRA, DEFENDANT.

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

ORDER

Now before the Court are Defendant Kayira's April 27, 2007 motion to dismiss (Doc. 17) and October 12, 2007 motion for summary judgment (Doc. 21). Along with both dispositive motions, Kayira filed the required notices pursuant to Lewis v. Faulner, 689 F.2d 100 (7th Cir. 1982) and Bryant v. Madigan, 84 F.3d 246 (7th Cir. 1986) informing Mauro that the failure to respond to the motions may result in the Court granting the motions and dismissing his case with prejudice. (Docs. 19 & 23). On January 9, 2008, because Mauro is proceeding pro se, the Court entered an Order allowing Mauro up to and including January 23, 2008 to respond to both of Kayira's motions and reiterating the ramifications of failing to respond to the motions (Doc. 24).*fn1 As of this date, Mauro has not responded to either motion. Thus, pursuant to Local Rule 7.1(c), the Court finds the failure to respond to the motions as an admission to the merits of the motions.*fn2

Accordingly, the Court GRANTS Defendant Kayira's motion for summary judgment (Doc. 21) and DENIES as moot Kayira's motion to dismiss (Doc. 17). The Court ORDERS the Clerk of the Court to enter judgment in favor of Frances Kayira and against Ronald Mauro.*fn3

IT IS SO ORDERED.

Signed this 28th day of January, 2008.

David R Herndon Chief Judge United States District Court


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