Opinion
Case No. 4:04cv436-WS/WCS.
February 1, 2006
SECOND REPORT AND RECOMMENDATION
On November 17, 2005, Defendant filed a motion to dismiss the pro se Plaintiff's complaint or, in the alternative, a motion for summary judgment. Doc. 18. Prior to resolution of that motion, the Defendant has now filed a consented motion to dismiss the complaint with prejudice as a result of settlement. Doc. 21. As the parties appear to have resolved the issues raised in this case, it is RECOMMENDED that the motion be ACCEPTED as a stipulation of dismissal with prejudice, filed pursuant to FED.
R. CIV. P. 41(a)(ii), doc. 21, and judgment entered with the Court retaining jurisdiction for enforcement purposes only.