Opinion
3:09CV390-1-MU.
January 12, 2010
ORDER
THIS MATTER comes before the Court upon Plaintiff's Request to Dismiss his Complaint (Doc. No. 18), filed January 11, 2010.
On September 8, 2009, Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983 (Doc. No. 1). On December 10, 2009, Defendant filed a Motion for Summary Judgment (Doc. No. 16.) Plaintiff has now filed a letter stating that he wishes to withdraw his Complaint. Pursuant to Rule 41(b) the Court will grant Plaintiff's request to dismiss this case.
IT IS THEREFORE ORDERED THAT:
1. Defendant's Motion for Summary Judgment is DENIED as moot; and
2. Plaintiff's Complaint pursuant to 42 U.S.C. § 1983 is DISMISSED with prejudice.