Ramzi v. Blinken

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MONA RAMZI,
Plaintiff,
v. Civil Action No. 23-cv-1696 (TSC)
ANTONY BLINKEN et. al.,
Defendants.
MEMORANDUM OPINION
Plaintiff Mona Ramzi seeks a writ of mandamus against Antony Blinken, in his official
capacity as United States Secretary of State, as well as other United States Government officials,
to compel action on her Diversity Visa Lottery application. See Compl., ECF No. 1. On August
21, 2023, Defendants moved to dismiss this action pursuant to Federal Rules of Civil Procedure
12(b)(1) and 12(b)(6), and Plaintiff has failed to respond to the motion within fourteen days, as
required under Local Civil Rule 7(b). Thus, the court will exercise its discretion, treat the
motion as conceded, and dismiss the Complaint without prejudice.
If a party fails to oppose a motion to dismiss, “the Court may treat the motion as
conceded.” Local Civ. R. 7(b). This case presents a “straightforward” example of that failure.
Cohen v. Bd. of Trustees of the Univ. of the D.C., 819 F.3d 476 (D.C. Cir. 2016) (quoting Fox v.
Am. Airlines, Inc., 389 F.3d 1291, 1294 (D.C. Cir. 2004). Plaintiff’s opposition was due on
September 4, 2023, but she has “failed to respond at all to the motion to dismiss” or otherwise
remedy that failure by seeking an extension or leave to late file. Id. at 483–84. That alone
warrants dismissal. Id. at 483. However, conscious of “the clear preference of the Federal Rules
to resolve disputes on their merits,” id. at 482, the dismissal will be without prejudice.
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A corresponding Order will accompany this Memorandum Opinion.
Date: September 13, 2023
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
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