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Aranda v. Gonzales

February 9, 2006

ROBERT T. ARANDA, PLAINTIFF,
v.
ALBERTO GONZALES, ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, DEFENDANT.



The opinion of the court was delivered by: Judge Phillip S. Figa

ORDER DISMISSING CASE

The above-captioned matter comes before the Court on the filing made by plaintiff, pro se, on February 8, 2006 (Dkt. # 79). In his letter to the Clerk of the Court, plaintiff states that he wishes "to withdraw" his case against defendant because he no longer has counsel and since he does not "have the money to go on with the fight." (Id. at 1). The defendant has filed a notice of non-opposition (Dkt. # 80) to the plaintiff's request.

The Court will treat plaintiff's filing (Dkt. # 79) as a motion to dismiss his action. Pursuant to Rule 41(a)(2), F.R.Civ.P., the motion is GRANTED and this case is DISMISSED with prejudice. The pending motion for summary judgment (Dkt. # 35) is DENIED as moot. The jury trial scheduled for March 6, 2006 and the final trial preparation conference set for February 24, 2006 are VACATED.

Phillip S. Figa United States District Judge

20060209

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