Ospina v. Plantation Park at Ballantyne et al

Filing 14

ORDER on 12 Motion to Dismiss. The Court treats Plaintiff's motion as a notice of dismissal per FRCvP 41(a)(1), dismissing the complaint with prejudice. Unresolved motions are denied as moot: 3 Motion for Preliminary Injunction; 8 Motion for Permanent Injunction; and 8 Motion for TRO. Signed by Chief Judge Robert J. Conrad, Jr on 8/23/10. (Pro se litigant served by US Mail.)(gpb) (Main Document 14 replaced on 8/23/2010 - regenerated NEF) (com).

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:10cv303-RJC-DCK ) ) MARIANO H. OSPINA, ) ) Plaintiff, ) ) v. ) PLANTATION PARK AT BALLANTYNE, ) RIVERSTONE RESIDENTIAL GROUP, ) ) and LISA STACKENWALT, ) ) Defendants. )

ORDER

THIS MATTER is before the Court on the plaintiff's motion for voluntary dismissal (Doc. No. 12). In his motion, the plaintiff seeks dismissal of his complaint with prejudice. As no opposing party has filed an answer or motion for summary judgment, the Court treats this motion 1 as a notice of dismissal under Federal Rule of Civil Procedure 41(a)(2). Thus the plaintiff's complaint was dismissed with prejudice by the filing of the instant motion, without the need for a court order. IT IS, HEREBY, ORDERED that all unresolved motions in this case are hereby DENIED as moot, and the Clerk of Court shall close this case.

Signed: August 23, 2010