Wilson v. Butler et al

Filing 36

OPINION AND ORDER granting 35 Motion to Dismiss; finding as moot 28 Motion to Set Aside Judgment. Signed by Honorable Cameron McGowan Currie on 6/6/2011.(jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Alexis Wilson,

)
)
Plaintiff,
)
)
v.
)
)
Capt. Middleton, in her individual capacity, )
and Lt. Butler, in her individual capacity, )
)
Defendants.
)
___________________________________ )

C/A NO. 0:11-199-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se motion to dismiss this matter without
prejudice. This matter was previously dismissed without prejudice and without issuance and service
of process. Dkt. #19 (filed Apr. 6, 2011). Plaintiff thereafter filed an Appeal to the Fourth Circuit
Court of Appeals, and moved to vacate the dismissal order, arguing that he never received the
Report and Recommendation recommending dismissal. This court took the motion to vacate under
advisement and provided Plaintiff additional time to file objections to the Report. In response,
Plaintiff has now moved to dismiss this matter “until such time as Plaintiff can explore his other
options.” Mot. at 1 (Dkt. #35, filed June 1, 2011).
Plaintiff’s motion to dismiss is granted. The motion to set aside the judgment (Dkt. #28,
May 28, 2011) is moot. The Clerk is directed to supply the Fourth Circuit Court of Appeals with
a copy of Plaintiff’s motion to dismiss and this Order.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
June 6, 2011

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