Opinion
No. CIV. S-05-01652 FCD DAD.
October 17, 2005
ORDER
This matter comes before the court on defendants' motion to dismiss plaintiff's complaint ("complaint") pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. In response, plaintiff filed a non-opposition to defendants' motion to dismiss and a request to withdraw suit.
The court grants plaintiff's request to withdraw suit pursuant to Rule 41 of the Federal Rules of Civil Procedure. Thus, the court does not address the merits of defendants' motion to dismiss.
IT IS SO ORDERED.