Miller v. Heil et al

Filing 140

ORDER DISMISSING CASE. ORDERED that Plaintiffs Unopposed Motion for Voluntary Dismissal of Complaint and Action 139 is GRANTED pursuant to Fed. R. Civ. P. 41(a)(2) and this matter is DISMISSED WITH PREJUDICE by Chief Judge Wiley Y. Daniel on 03/22/12. (jjhsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 10-cv-02913-WYD-BNB CHRISTOPHER JON MILLER, Plaintiff, v. MARGARET HEIL, in her Official Capacity as Program Administrator of the SOTMP and Chief of Rehabilitation Programs; RICHARD G. LINS, Individually, and in his Official Capacity as SOTMP Therapist, and Litigation Coordinator; CHRISTINA ORTIZ-MARQUEZ, Individually, and in her Official Capacity as SOTMP Therapist; SAMUEL MICHAEL DUNLAP, in his Official Capacity as SOTMP Phase II Program Coordinator; BURL MCCULLAR, in his Official Capacity as SOTMP Program Manager; ARISTEDES ZAVAR[A]S, in his Official Capacity as Executive Director; CHRISTINE TYLER, Individually, and in her Official Capacity as SOTMP Therapist; and JAYLYNNE CHUPP, in her Official Capacity as SOTMP Therapist, Defendants. ORDER OF DISMISSAL THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for Voluntary Dismissal of Complaint and Action filed March 19, 2012. After a careful review of the motion and the file, I find that Plaintiff’s motion should be granted. I further find that this case should be dismissed with prejudice as Plaintiff asserts in the motion that he no longer has the time, wherewithal, resources, or desire to prosecute this action. Accordingly, it is ORDERED that Plaintiff’s Unopposed Motion for Voluntary Dismissal of Complaint and Action (ECF No. 139) is GRANTED pursuant to Fed. R. Civ. P. 41(a)(2) and this matter is DISMISSED WITH PREJUDICE. Dated: March 22, 2012 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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