Moore v. Campbell et al

Filing 70

ORDER OF DISMISSAL denying as moot defts' 63 Motion for Summary Judgment; granting pltf's 69 Motion for Voluntary Dismissal; case is dismissed without prejudice. Signed by Judge James M. Moody on 4/23/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TIMOTHY RAMON MOORE, ADC #89799 V. PLAINTIFF 5:11CV00137 JMM/JTR DR. DIANA MCKENZIE, Optometrist, Correctional Medical Services, Inc., et al. DEFENDANTS ORDER OF DISMISSAL Plaintiff, Timothy Ramon Moore, has filed a Motion seeking permission to voluntarily dismiss this pro se § 1983 action without prejudice. See docket entry #69. Defendants have orally informed the Court that they do not have any objections to Plaintiff’s request. IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s Motion for Voluntary Dismissal (docket entry #69) is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE. 2. Defendants’ Motion for Summary Judgment (docket entry #63) is DISMISSED AS MOOT. 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Dated this 23rd day of April, 2012. UNITED STATES DISTRICT JUDGE -2-

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