Berks v. State of Nebraska Military Department et al

Filing 4

ORDER granting 3 Motion to Withdraw Document - IT IS ORDERED that plaintiff's motion is granted; plaintiffs complaint is dismissed without prejudice on the grounds that it is moot. Ordered by Senior Judge Lyle E. Strom. (PCV, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ANTRINO BERKS, ) ) Plaintiff, ) ) v. ) ) STATE OF NEBRASKA MILITARY ) DEPARTMENT and the NEBRASKA ) ARMY NATIONAL GUARD, ) ) Defendants. ) ______________________________) 4:08CV3187 ORDER This matter is before the Court on plaintiff's motion to withdraw complaint for declaratory relief (Filing No. 3). Court finds it should be granted. Accordingly, The IT IS ORDERED that plaintiff's motion is granted; plaintiff's complaint is dismissed without prejudice on the grounds that it is moot. DATED this 29th day of October, 2008. BY THE COURT: /s/ Lyle E. Strom _________________________________ LYLE E. STROM, Senior Judge United States District Court

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