Opinion
Case No. 08-14416.
August 17, 2009
ORDER
Acting pro se, Plaintiff Tallen Marce' Fleming, Jr. ("Plaintiff") filed this action on October 17, 2008. On May 1, 2009, Defendant filed a Motion to Dismiss, wherein it asserts that this Court should dismiss this action pursuant to FED. R. CIV. P. 12(b)(1) for lack of subject matter jurisdiction or, alternatively, dismiss this action pursuant to FED. R. CIV. P. 12(b)(6) for failure to state a claim upon which relief can be granted.
On May 11, 2009, Plaintiff filed a written response to the Motion to Dismiss wherein he states that he does not contest Defendant's objection that this Court lacks subject matter jurisdiction. Plaintiff further states that this case "should be closed with prejudice." (Docket Entry No. 21).
Accordingly, IT IS ORDERED that this action is hereby DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION.