Fitzgerald v. Busby et al
ORDER finding as moot 86 Plaintiff's Motion to Dismiss Lindsey Peterson & 88 Partial Report and Recommendations. Signed by Judge Susan Webber Wright on 11/23/09. (jct)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NATHANIEL L. FITZGERALD V. DICK BUSBY, et al. ORDER The Court has received the Partial Recommended Disposition from Magistrate Judge Beth Deere, recommending that the Court grant Plaintiff's motion to voluntarily dismiss Lindsay Peterson as a party defendant. After Judge Deere entered the recommended disposition, Plaintiff filed objections in which he states that he wishes to withdraw his motion for voluntarily dismissal. While the Court makes no findings regarding the viability of Plaintiff's claims against Peterson, the Court declines to dismiss those claims on the basis of Plaintiff's motion for voluntarily dismissal. For the reasons stated, the Court finds that the partial recommended disposition (docket entry #88) and Plaintiff's motion to dismiss Lindsey Peterson as a party Defendant (docket entry #86) are MOOT. IT IS SO ORDERED, this 23rd day of November, 2009. CASE NO. 3:09CV00065 SWW-BD DEFENDANTS P LAINTIFF
/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE
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