SCHAPER v. EVERSON

PHILIP PRO, District Judge

On July 27, 2004, the United States filed a Motion to Dismiss (#6). Although Plaintiff was advised of the requirements of filing a response in view of Klingele v. Eikenberry, 849 F.2d 409 (9^th Cir. 1988) and Rand v. Rowland, 154 F.3d 952 (9^th Circ. 1998), a review of the Court's file shows that to date Plaintiff has failed to do so. Therefore, pursuant to Local Rule 7-2(d) of the Rules of Practice of the United States District Court for the District of Nevada, Plaintiff consents to the granting of Defendant's Motion.

IT IS THEREFORE ORDERED that Defendant United States' Motion to Dismiss (#6) is granted.