Ahmed, et al v. Porter, et al

Filing 231

FIFTH MEMORANDUM AND RECOMMENDATIONS re 223 MOTION to Dismiss Plaintiff Colbert's Motion for Voluntary Dismissal filed by Michael Colbert, 229 MOTION to Dismiss Voluntarily, without prejudice, filed by William Melton, Jr., Patricia Corbin, Marian Melton, Jonathan Lilly, Randall Corbin Objections to M&R due by 3/8/2010. Signed by Magistrate Judge Dennis Howell on 02/17/2010. (thh)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:09cv101 NASEEM AHMED, et al., Plaintiff, Vs. ANTHONY PORTER, et al., Defendants. _______________________________ ) ) ) ) ) ) ) ) ) )

FIFTH MEMORANDUM AND RECOMMENDATION

THIS MATTER is before the court on the following dispositive motions: (1) plaintiff Michael Colbert's Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (#223); and (2) plaintiffs Jonathan Lilly's, William G. Melton, Jr.'s, Marian Melton's, Randall Corbin's, and Patricia Corbin's Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (#229). Review of such motions reveals that Mr. Colbert does not desire to further pursue this action at this time and that the other moving plaintiffs have resolved their respective claims with their lenders and have assigned their claims in this action to those lenders, and that such lenders have authorized the dismissal of these plaintiffs' claims without prejudice as to such lenders refiling those assigned claims. Further review
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of the pleadings reveals that none of the defendants have filed counterclaims against these plaintiffs. Finally, the court has reviewed the pleadings for any response in opposition, and finding none, will recommend that the relief sought be granted. RECOMMENDATION IT IS, THEREFORE, RESPECTFULLY RECOMMENDED that (1) plaintiff Michael Colbert's Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (#223), and (2) plaintiffs Jonathan Lilly's, William G. Melton, Jr.'s, Marian Melton's, Randall Corbin's, and Patricia Corbin's Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (#229), be ALLOWED, and that such plaintiffs and their claims be DISMISSED without prejudice.

TIME FOR OBJECTIONS The parties are hereby advised that, pursuant to 28, United States Code, Section 636(b)(1)(C), and Rule 72, Federal Rules of Civil Procedure, written objections to the findings of fact, conclusions of law, and recommendation contained herein must be filed within fourteen (14) days of service of same. Responses to the objections
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must be filed within fourteen (14) days of service of the objections. Failure to file objections to this Memorandum and Recommendation with the district court will preclude the parties from raising such objections on appeal. Thomas v. Arn, 474 U.S. 140 (1985), reh'g denied, 474 U.S. 1111 (1986); United States v. Schronce, 727 F.2d 91 (4th Cir.), cert. denied, 467 U.S. 1208 (1984).

Signed: February 17, 2010

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