Free Order on Motion to Dismiss - District Court of Delaware - Delaware


File Size: 25.7 kB
Pages: 2
Date: April 27, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 220 Words, 1,297 Characters
Page Size: Letter (8 1/2" x 11")
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Case 1:05-cv-OOO11-JJF Document 7 Filed O4/27/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DEVEARL L. BACON, )
Plaintiff, 5
v. g Civ. N0. 05—0ll—JJF
WARDEN CARROLL, and CAPTAIN g
SAGERS, )
Defendants. g
ORDER
WHEREAS, plaintiff, Devearl L. Bacon, SBI #221242, is a
prisoner incarcerated at the Delaware Correctional Center in
Smyrna, Delaware, and on January ll, 2005, plaintiff filed a
complaint under 42 U.S.C. § l983;
WHEREAS, on February 2, 2005, this Court granted the
plaintiff leave to proceed in forma pauperis assessed $6.20 as an
initial partial filing fee, and ordered the plaintiff to file an
authorization form within thirty (30) days from the date the
order was sent or the case would be dismissed without prejudice
(D.I. 4);
WHEREAS, on February 14, 2005, the plaintiff filed the
authorization form (D.I. 5);
WHEREAS, on April 22, 2005, the plaintiff filed a
motion to voluntarily dismiss his complaint pursuant to Fed. R.
Civ. Pro. 4l(a) (D.I. 6);

Case 1:05-cv-OOO11-JJF Document 7 Filed O4/27/2005 Page 2 of 2
THEREFORE, at Wilmington this Q 2 day of 1Â¥g:EQ ,
2005, IT IS ORDERED that the plaintiff’s motion is GRANTED. The
complaint shall be DISMISSED WITHOUT PREJUDICE.
Ugitéd S§atgs§District gédge
2