Opinion
1:04CV984.
December 21, 2004
ORDER AND JUDGMENT
In this proceeding, a pro se Plaintiff has brought an action against three individuals for an alleged violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The Defendants have filed answers and a motion to dismiss for failure to state a cause of action.
The Plaintiff was notified by the clerk of this court of the right to respond to the motion to dismiss. The clerk's letter was mailed to the Plaintiff on November 23, 2004, with notice of the time limitation from the date of service within which to respond to Defendants' motion. Plaintiff filed no response and time for responding has expired.
Even when a party appears pro se, in which great latitude is afforded in pleadings, it is still a serious matter when a party fails to respond to motions. The court can and will conclude that this motion under Rule 12(b)(6) is unopposed, which is sufficient reason to grant the motion. Nevertheless, the court has reviewed the complaint and finds that three of the named defendants are at most employees of the Department of Social Services for Rowan County and one is the county manager. While each of the three Department of Social Services employees may be in a management position, they are not subject to individual liability under the facts alleged.
For the above-mentioned reasons, the motion to dismiss for failure to state a cause of action under Rule 12(b)(6) should be granted.
IT IS THEREFORE ORDERED that the motion to dismiss [4] is hereby granted.
IT IS FURTHER ORDERED that this proceeding is hereby dismissed without prejudice.