Carlson Environmental Consultants, PC v. Slayton, 3:17-cv-149. (2017)
Court: District Court, W.D. North Carolina
Number: infdco20171115c97
Visitors: 7
Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: ORDER GRANTING DEFENDANT'S VOLUNTARY MOTION TO DISMISS APPEAL PURSUANT TO RULE 42(a) FRANK D. WHITNEY , Chief District Judge . This cause having come before the Court on Defendant's Voluntary Motion to Dismiss Appeal pursuant to Rule 42(a) of the Rules of Appellate Procedure (Doc. No. 41). Plaintiff does not object to Defendant's Motion. Upon review of the motion and applicable law relied on by Defendant as the moving party here, the Court presumes the conditions of Fed. R. App. P. 42(a) —
Summary: ORDER GRANTING DEFENDANT'S VOLUNTARY MOTION TO DISMISS APPEAL PURSUANT TO RULE 42(a) FRANK D. WHITNEY , Chief District Judge . This cause having come before the Court on Defendant's Voluntary Motion to Dismiss Appeal pursuant to Rule 42(a) of the Rules of Appellate Procedure (Doc. No. 41). Plaintiff does not object to Defendant's Motion. Upon review of the motion and applicable law relied on by Defendant as the moving party here, the Court presumes the conditions of Fed. R. App. P. 42(a) — ..
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ORDER GRANTING DEFENDANT'S VOLUNTARY MOTION TO DISMISS APPEAL PURSUANT TO RULE 42(a)
FRANK D. WHITNEY, Chief District Judge.
This cause having come before the Court on Defendant's Voluntary Motion to Dismiss Appeal pursuant to Rule 42(a) of the Rules of Appellate Procedure (Doc. No. 41). Plaintiff does not object to Defendant's Motion. Upon review of the motion and applicable law relied on by Defendant as the moving party here, the Court presumes the conditions of Fed. R. App. P. 42(a) — the basis on which Defendant's motion is filed — are satisfied, specifically that Defendant's appeal has not yet been docketed by the circuit court. Accordingly, it is hereby ORDERED as follows:
Defendant's Motion to Dismiss Appeal Pursuant to Rule 42(a) of the Federal Rules of Appellate Procedure (Doc. No. 41) is GRANTED. Defendant's appeal, filed on October 19, 2017, is dismissed pursuant to Rule 42(a) of the Rules of Appellate Procedure.
IT IS SO ORDERED.
Source: Leagle
