Opinion
Case No: 04-CV-2534 W (JFS).
September 28, 2005
ORDER DENYING AS MOOT DEFENDANT SKILES' MOTION TO DISMISS
On September 19, 2005 Defendant Sean Skiles moved to dismiss Plaintiff Mark Darulis's ("Plaintiff") 42 U.S.C. § 1983 action. That motion was scheduled for October 24, 2005. See Fed.R.Civ.P. 12(b)(6). However, on September 27, 2005 Plaintiff dismissed Defendant Skiles from this case.
Under Fed.R.Civ.P. 41(a)(1), Plaintiff may dismiss the action against Defendant Skiles without order of court because Skiles has not yet answered or moved for summary judgment.
Accordingly, Defendant Skile's 12(b)(6) motion is DENIED AS MOOT. (Doc. Nos. 48-1, 48-2).
IT IS SO ORDERED.