Opinion
Case Number CIV-05-1103-C.
July 7, 2006
MEMORANDUM OPINION AND ORDER
In an order dated June 14, 2006, the Court conditionally granted Plaintiff's Motion to Dismiss Without Prejudice subject to a ten-day period within which Plaintiff may either accept or reject the Court's curative condition enunciated therein. (Order, Dkt. No. 31.) The Court notified Plaintiff that failure to file a timely response would be construed as consent to the Court's conditional grant of dismissal. Plaintiff has not filed a response; therefore, the Court finds that Plaintiff has consented to the curative condition. Plaintiff's Motion to Dismiss Without Prejudice [Dkt. No. 29] is GRANTED as delineated in the Court's order of June 14, 2006, and Plaintiffs' action is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.