IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 22, 2009
DEMARCUS NIXON, PLAINTIFF,
JAMES ALLEN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Herndon, Chief Judge
Now before the Court is Defendants James Allen, Walter Martin, Gary Graig, Jr., John Doe, Richard Roe, Police Officers of the Cahokia Police Department and the Village of Cahokia, Illinois' September 15, 2009 motion to dismiss Counts VI, VII, VIII, IX, and X of Plaintiff's complaint (Doc. 4). As of this date, Nixon has not responded to the motion.*fn1 Thus, the Court considers this failure to respond as an admission of the merits of the motion. Accordingly, the Court GRANTS the motion. The Court DISMISSES with prejudice Counts VI, VII, VIII, IX and X of Nixon's complaint.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court