Lapach et al v. Williams et al

Filing 12

ORDER granting 9 MOTION to Dismiss filed by Darrell Wayne Lapach and dismissing this case without prejudice. Signed by Chief Judge J. Leon Holmes on 3/5/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DARRELL WAYNE LAPACH #12210-064 v. E. WILLIAMS, et al. ORDE R On March 2, 2010, Darrell Wayne Lapach filed a document with two paragraphs. The first paragraph stated that Brandon Wade and Michael Quattlebaum were not co-plaintiffs but only witnesses and that Lapach was waiting to see a heart specialist to decide whether to stop the suit or not. The second paragraph, which was apparently written later, stated: I have not got to go to the heart specialist as of yet, but I would like to go ahead a[nd] stop this suit No. 4:10CV00006 JLH/HLJ. The Court overlooked that portion of Lapach's document when entering the order on March 3, 2010. It appears that Lapach would "like to go ahead a[nd] stop this suit." The Court will construe that language as a motion to dismiss without prejudice. The motion is granted. Document #9. This action is dismissed without prejudice. IT IS SO ORDERED this 5th day of March, 2010. No. 4:10CV00006 JLH/HLJ DEFENDANTS PLAINTIFF

J. LEON HOLMES UNITED STATES DISTRICT JUDGE