BRANCH v. BARRETT

On May 11, 2011, the undersigned judicial officer recommended dismissal of this action for failure to prosecute as Mr. Branch had failed to complete and file a financial affidavit as required by 28 U.S.C. § 1915(a)(1), or to pay the $350.00 filing fee, to commence this action. Rather than file objections, Mr. Branch submitted a letter stating his desire to formerly withdraw his litigation without prejudice.

The court liberally construes this letter as a Motion to Voluntarily Dismiss the Complaint pursuant to Rule 41(a), Federal Rules of Civil Procedure. Defendants have not been served in this action. Accordingly, IT IS ORDERED Plaintiff's Motion (ECF No. 12) is GRANTED and the Complaint is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED the District Court Executive shall STRIKE the Report and Recommendation to dismiss this action for failure to prosecute (ECF No. 11).

IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, forward a copy to Plaintiff and close the file.