Opinion
CIVIL ACTION NO. 1:07cv53.
November 16, 2007
ORDER GRANTING PETITIONER'S MOTION TO DISMISS
On April 16, 2007, the petitioner filed a complaint pursuant to 42 U.S.C. § 1983. The respondents have not yet responded to the complaint. On November 14, 2007, the petitioner filed a motion to dismiss the case without prejudice (dkt. no. 13). Although the petitioner does not state any Rule of Civil Procedure in the motion, the Court construes it as a motion for voluntary dismissal under Fed.R.Civ.P. 41(a).
Because the respondents have not yet filed a response to the complaint, this Court GRANTS plaintiff's motion to dismiss (doc. no. 13), DISMISSES this case WITHOUT PREJUDICE and directs the clerk to STRIKE this case from this Court docket. Because the petitioner has already filed for in forma pauperis status, however, the clerk will continue to collect the filing fee in accordance with 28 U.S.C. § 1915(b).
The Clerk is directed to mail a copy of this Order to the pro se plaintiff, certified mail, return receipt requested, and any counsel of record.