(“A dismissal under Rule 12(b)(6) generally is not final or on the merits and the court normally will give plaintiff leave to file an amended complaint.”). Accordingly, it hereby is ORDERED, that the complaint is dismissed without prejudice. It hereby further is ORDERED, that plaintiffs may file an amended complaint within 28 days of the date of this Order, if plaintiffs can allege the necessary elements in good faith. SO ORDERED. 1 . Although only defendants Ridley and the District of Columbia have moved to dismiss, the Court finds that dismissal sua sponte as to defendant Kelly is appropriate as plaintiffs have had an opportunity to respond to the relevant issues in opposing the other defendants’ motions. Cf. Baker v. Director, United States Parole Comm’n, 916 F.2d 725 (D.C.Cir.1990) (<HOLDING>). 2 . Plaintiffs also make class allegations in
holding that sua sponte grant of summary judgment without notice to the parties constitutes reversible error holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion holding that a case may be dismissed sua sponte under rule 12b6 prior to service without motion by defendants or briefing by the parties holding that rule 60b bars sua sponte relief holding that a court may sua sponte take judicial notice of its docket