Opinion
Case No. 03-2230-JWL
November 18, 2003
MEMORANDUM AND ORDER
Plaintiff filed suit against defendant alleging violations of 42 U.S.C. § 1983 and Title of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. On October 2, 2003, defendant filed a motion to dismiss plaintiffs complaint (doc. #11) to the extent the complaint alleged violations of § 1983 on the grounds that plaintiff failed to allege that defendant was acting under color of state law at any time or that defendant had conspired with a state actor at any time. In response, plaintiff has expressly advised the court that he does not oppose defendant's motion. Thus, the court grants defendant's motion to dismiss Count I of plaintiffs complaint, the count that alleges violations of 42 U.S.C. § 1983.
IT IS THEREFORE ORDERED BY THE COURT THAT defendant's motion to dismiss Count I of plaintiff's complaint (doc. #11) is granted.
IT IS SO ORDERED.