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Antoinette E. Swiec v. Office of the State's Attorney

March 22, 2013

ANTOINETTE E. SWIEC
PLAINTIFF
v.
OFFICE OF THE STATE'S ATTORNEY
DEFENDANT



The opinion of the court was delivered by: Marvin J. Garbis United States District Judge

FOR BALTIMORE CITY

MEMORANDUM AND ORDER RE: DISMISSAL

The Court has before it the Office of The State's Attorney for Baltimore City's Motion to Dismiss [Document 7] and the materials submitted relating thereto. The Court finds that a hearing is unnecessary.

The Office of The State's Attorney for Baltimore City, named as a defendant, seeks dismissal on the ground that it is not an entity capable of being sued and (as to certain claims) that Plaintiff failed to exhaust her administrative remedies.

Despite being granted four extensions of the time to respond to the said motion, Plaintiff has filed no response.

The Court finds no reason to deny dismissal on the ground that the named Defendant is not an entity capable of being sued, rendering moot the issues relating to exhaustion of administrative remedies.

Accordingly:

1. GRANTED. The Office of The State's Attorney for Baltimore City's Motion to Dismiss [Document 7] is GRANTED.

2. Judgment shall be entered by separate Order.

20130322

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