MEMORANDUM AND ORDER
JULIE A. ROBINSON, District Judge.
The Court now considers defendant Brad McCarter's Motion for Summary Judgment (Doc. 40) filed on May 22, 2008. Pursuant to D. Kan. R. 6.1(d)(2) plaintiff was required to respond within twenty-three days; however, nearly two months have elapsed and plaintiff has failed to oppose the motion. For the reasons detailed below, summary judgment is granted; plaintiffs action is dismissed.
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