Alexander v. Little Rock Arkansas, City of

Filing 7

ORDER finding as moot 1 Motion for Leave to Proceed in forma pauperis; directing the Clerk of Court to change the name of defendant Greg Messeny to Greg Massanelli; and, granting 4 Motion to Dismiss. The case is dismissed without prejudice. Signed by Judge Kristine G. Baker on 5/13/13. (kpr) (Docket text modified on 5/13/2013 to correct the ruling.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DWIGHT ALEXANDER v. PLAINTIFF Case No. 4:13CV00084 KGB CITY OF LITTLE ROCK, ARKANSAS; FLETCHER SMITH; GREG MASSANELLI 1 DEFENDANTS ORDER OF DISMISSAL Two motions are currently pending before the Court. First, plaintiff Dwight Alexander has submitted an application to proceed in forma pauperis (Dkt. No. 1). Second, defendants City of Little Rock, Fletcher Smith, and Greg Messeny, who should be identified in this action as Greg Massanelli, have moved to dismiss Mr. Alexander’s complaint (Dkt. No. 4), and Mr. Alexander has responded (Dkt. No. 6). In response to the motion to dismiss, Mr. Alexander states many things, including the following: “Wherefore the plaintiff, with the court’s indulgence the plaintiff will acquiesce to the defendant’s [sic] motion to dismiss and end the complaint here” (Dkt. No. 6, at 3). Based on this statement, the Court understands that Mr. Alexander acquiesces to defendants’ motion to dismiss and wishes to have his complaint against defendants dismissed. Therefore, the motion to dismiss is granted (Dkt. No. 4), and Mr. Alexander’s application to proceed in forma pauperis is moot (Dkt. No. 1). This case is dismissed without prejudice. Judgment will be entered accordingly. 1 Based on the parties’ pleadings (Dkt. No. 4, at 1 n.1; Dkt. No. 6), the Clerk of Court is directed to change the name of defendant Greg Messeny to Greg Massanelli. SO ORDERED this the 13th day of May, 2013. _____________________________ Kristine G. Baker United States District Judge 2

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