Witte v. Culton et al

Filing 152

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff Justin Witte's Request to Retract his Response/Appeal [ECF No. 151 ] is GRANTED. Signed by District Judge E. Richard Webber on 09/30/2013. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JUSTIN WITTE,
Plaintiff,
vs.
KEVIN CULTON, et al.,
Defendants.

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Case No. 4:11CV2036 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Justin Witte’s Request to Retract his
Response/Appeal [ECF No. 151]. On September 9, 2013, the Court entered a Judgment, dismissing
all defendants in Plaintiff’s lawsuit. Plaintiff filed a Notice of Appeal [ECF No. 149] on September
12, 2013. The Court noted Plaintiff had not submitted the filing fee with his Notice of Appeal and
therefore ordered Plaintiff to submit the requisite documentation to proceed in forma pauperis.
Plaintiff subsequently filed his Request to Retract his Response/Appeal. The Court will grant his
Request, noting that pursuant to Federal Rule of Appellate Procedure 4, “the notice of appeal . . .
must be filed with the district clerk within 30 days after entry of the judgment or order appealed
from.”
Accordingly,
IT IS HEREBY ORDERED that Plaintiff Justin Witte’s Request to Retract his
Response/Appeal [ECF No. 151] is GRANTED.
Dated this 30th day of September, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE