Opinion
8:24CV2
04-23-2024
WILMER TUCKER, Plaintiff, v. DAN FUNK, CEO AWG; Defendant.
ORDER ON MOTION FOR VOLUNTARY DISMISSAL
Brian C. Buescher United States District Judge
This case is before the Court on United States Magistrate Judge Michael D. Nelson's Order to Show Cause, Filing 4, and plaintiff Wilmer Tucker's letter of April 18, 2024, construed as a motion to dismiss without prejudice, Filing 5. In his Order to Show Cause, Judge Nelson gave plaintiff Tucker until April 23, 2024, to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) for failure to serve the Complaint or take other appropriate action. Filing 4 at 1. In response, plaintiff Tucker filed a letter stating that he was “filing to dismiss without prejudice” because he was unable to obtain legal counsel. Filing 5 at 1. Accordingly, IT IS ORDERED that plaintiff Tucker's letter of April 18, 2024, construed as a motion to dismiss without prejudice, Filing 5, is granted, and this case is dismissed without prejudice.