IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
March 20, 2007
FRANCIS R. LOMBARDO, PLAINTIFF
COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION & PAROLE, ET AL., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
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
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