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Lombardo v. Commonwealth of Pennsylvania Board of Probation & Parole

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 20, 2007

FRANCIS R. LOMBARDO, PLAINTIFF
v.
COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION & PAROLE, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 20th day of March, 2007, upon consideration of pro se plaintiff's motion to dismiss (Doc. 15), and it appearing that defendants have not served an answer nor a motion for summary judgment, see FED. R. CIV. P. 41(a)(1) ("[A]n action may be dismissed by the plaintiff . . . by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment . . . ."), it is hereby ORDERED that:

1. The motion to dismiss (Doc. 15) is GRANTED. See FED. R. CIV. P. 41(a)(1).

2. The complaint (Doc. 1) is DISMISSED without prejudice.

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge

20070320

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