Wilson v. Butler et al, No. 0:2011cv00199 - Document 36 (D.S.C. 2011)
Court Description: 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, )
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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 1
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