*1 Case 4:06-cv-00135-BAE-GRS Document 15 Filed 12/11/06 Page 1 of 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION MITCHELL MURRAY ,
Plaintiff, ) Case No . CV406-135
V .
SPENCER LAWTON, et al .,
Defendants .
REPORT AND RECOMMENDATIO N Defendants have each filed motions to dismiss the instant civil rights complaint for failure to perfect service . Docs . 9, 10, 12. The Court is in receipt of a letter from plaintiff dated December 3, 2006, which states that plaintiff has been forced to "drop" his complaint due to health reasons . The Court construes this letter as a motion to voluntarily dismiss the case . Pursuant to Federal Rule of Civil Procedure 41(a)(2), plaintiffs motion should be GRANTED and his complaint should be DISMISSED .
SO REPORTED AND RECOMMENDED this day of December, 2006.
UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA