VanHorn v. Walton et al

Filing 47

ORDER withdrawing 39 Motion to Strike. Signed by Magistrate Judge Mark A. Randon. (Miles, M)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD VAN HORN, #49115-019, Plaintiff, v. CIVIL ACTION NO. 12-11880 DISTRICT JUDGE GEORGE CARAM STEEH JAMES S. WALTON, C. GOMEZ, FEDERAL BUREAU OF PRISONS and BARDSLY, MAGISTRATE JUDGE MARK A. RANDON Defendants. _____________________________/ ORDER WITHDRAWING PLAINTIFF’S MOTION TO STRIKE DEFENDANTS EX PARTE MOTION On July 26, 2012, Defendants filed an Ex Parte Motion for Permission to file an Exhibit Under Seal. (Dkt. No. 19). Defendants indicated that they intended to file a motion to dismiss, and asked the Court for permission to file one exhibit under seal. On July 30, 2012, Defendants filed their Motion to Dismiss. (Dkt. No. 20). This matter is before the Court on Plaintiff’s Motion to Strike Defendants Ex Parte Motion. (Dkt. No. 39). Plaintiff says defense counsel did not file an appearance, and the case is not ripe for a Motion to Dismiss. On October 3, 2012, Plaintiff filed a letter stating he is withdrawing his motion to strike. (Dkt. No. 42). Accordingly, Plaintiff’s motion is WITHDRAWN. IT IS ORDERED. s/Mark A. Randon Mark A. Randon United States Magistrate Judge Dated: October 12, 2012 -1- Certificate of Service I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, October 12, 2012, by electronic and/or ordinary mail. s/Melody Miles Case Manager -2-

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