Campbell v. Kopf

Filing 8

MEMORANDUM AND ORDER that Plaintiff's Motion to Dismiss Case, construed as a Motion for Voluntary Dismissal 6 is granted. Plaintiff's Complaint is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. All pending motions are denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HERBERT LEE CAMPBELL,

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Plaintiff,
v.
RICHARD G. KOPF, et al.,
Defendant.

4:11CV3178

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion to Dismiss Case, which the court
liberally construes as a Motion for Voluntary Dismissal, filed pursuant to Federal Rule of Civil
Procedure 41. (Filing No. 6.) In his Motion, Plaintiff requests that the court dismiss this matter
“without delay.” (Id.) Defendants have not been served with summons, and the court finds that
voluntary dismissal is warranted under the circumstances.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion to Dismiss Case, construed as a Motion for Voluntary Dismissal,
(filing no. 6) is granted. Plaintiff’s Complaint is dismissed without prejudice.
2.

A separate judgment will be entered in accordance with this Memorandum and Order.

3.

All pending motions are denied as moot.

DATED this 1st day of November, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
Chief United States District Judge

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