Short v. Cogburn et al

Filing 34

ORDER granting 32 Plaintiff's Motion to Voluntary Dismiss without Prejudice; finding as moot alternative relief sought in 32 Plaintiff's Motion for Joinder. It is further ordered that the Objection and Motion t o Dismiss filed on behalf of Defendants Cogburn, Case and Smith 25 ; Plaintiff's Motion for Leave to File Third Amended Complaint 27 ; Plaintiff's Unopposed Motion for an Extension of Time to Respond to Motion to Dismiss 28 ; and Plaintiff's Renewed Motion for an Extension of Time to Respond to Motion to Dismiss 29 are hereby DENIED AS MOOT. Signed by District Judge Martin Reidinger on 01/31/2012. (Pro se litigant served by US Mail.)(thh)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:11cv304 TODD WILSON SHORT, Plaintiff, vs. STEVEN D. COGBURN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on the Plaintiff’s Motion for Voluntary Dismissal Without Prejudice, or, Alternatively to Allow Next Friend to Join Action and Respond to the Motions to Dismiss [Doc. 32], filed January 30, 2012. Upon review of the Plaintiff’s motion, the Court concludes that the motion to dismiss should be allowed. Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Voluntary Dismissal Without Prejudice [Doc. 32] is ALLOWED, and the Plaintiff’s Complaint is hereby DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the alternative relief sought in the Plaintiff’s Motion [Doc. 32] is DENIED AS MOOT. IT IS FURTHER ORDERED that the Objection and Motion to Dismiss filed on behalf of Defendants Cogburn, Case and Smith [Doc. 25]; Plaintiff’s Motion for Leave to File Third Amended Complaint [Doc. 27]; Plaintiff’s Unopposed Motion for an Extension of Time to Respond to Motion to Dismiss [Doc. 28]; and Plaintiff’s Renewed Motion for an Extension of Time to Respond to Motion to Dismiss [Doc. 29] are hereby DENIED AS MOOT. IT IS SO ORDERED. Signed: January 31, 2012 2

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