Free Motion to Withdraw - District Court of Delaware - Delaware

Case 1 :O4—cv—OO81 4-Gl\/IS-l\/I PT Document 22 Filed O3/O2/2005 Page 1 of 3
In The United States District Court
ForThe
District of Delaware
Gerald A. Lechliter, pro se )
Plaintiff )
vs. )
The Department of the Army and the ) Civil Case No. 04-814-KA]
Acting Secretary of the Department of
the Army, the Honorable Les )
Brownlee,* )
l
March 1, 2005
Plaintiff’s Unopposed Motion For Leave To Withdraw His
Motion To File Third Amended Com glaint
NOW COMES plaintiff and moves to withdraw his Motion for Leave to File Third
Amended Complaint. Docket Item No. ("D.I.") 19. Upon consideration of the
arguments raised in Defendants’ Brief in Opposition to Plaintiff` s Motion for Leave to
File Third Amended Complaint (D.I. 21) and additional research, plaintiff respectfully
requests the Court to allow plaintiff to withdraw the motion. Plaintiff believes
l resolution of his claim under the Privacy Act is essential to any claim under the
Administrative Procedure Act ("APA"). Any claim under the APA is, therefore,
l .
premature. Plaintiff left a voice mail concerning this motion with defendants’ co ___. `
l on February 28, 2005, and on the same day he informed plaintiff by E-mail that I
defendants do not oppose this motion. No additional brief in support of this motiorlf~’
-- F .
3 i e
{ <.·2·
l " Pursuant to Federal Rule of Civil Procedure 25 (d) (1), thc Honorable Francis J. Harvgyg, ` ' ,
the present Secretary of the Army, has been substituted for the Honorable Les Brownlee.

_ Case 1:04-cv-00814-GMS-|\/IPT Document 22 Filed O3/O2/2005 Page 2 of 3
has been provided. Plaintiff sincerely regrets any inconvenience the original motion
may have caused defendants and this Court.
WHEREFORE plaintiff requests that the Court grant this motion to withdraw his
motion for leave to amend his complaint for a third time.
This is the lst day of March 2005.
Respectfully submitted,
Gerald A. Lechliter, pm se
44 Harborview Road
Lewes, DE 19958-1244
Tel.: (302) 644-7872
Fax: (302) 644-7571
E-mail: [email protected]
2

_ Case 1:04-cv-00814-GMS-l\/IPT Document 22 Filed O3/O2/2005 Page 3 of 3
In The United States District Court
ForThe
District of Delaware
Gerald A. Lechliter, pro se )
Plaintiff, )
vs. )
The Department of the Army and the ) Civil Case No. 04-814-KA]
Acting Secretary of the Department of )
the Anny, the Honorable Les
Brownlee,` )
1
March 1, 2005
Affidavit of Service
I certify that I, GUDRUN LECHLITER, am over 18 years and I am not a party to the within
action. I hereby attest under penalty of perjury that on February 28, 2005, I served Plaintgfs
Unopposed Motion for Leave to Withdraw His Motion to File Third Amended Complaint by
depositing two copies in the U.S. Postal Service Priority Mail, postage prepaid, to Leonard P.
Stark, Assistant United States Attorney, Nemours Building, 1007 N. Orange Street, Suite 700,
P.O. Box 2046, Wilmington, Delaware 19899—2046.
M 4 tt ' ,
Executed on March 1, 2005 , i 'lA
Date 1 _ - 7 Gudrun Lechliter
‘·~e‘ 44 Harbowiew Road
Lewes, DE 19958
Tel.: (302) 644-7872
° Pursuant to Federal Rule of Civil Procedure 25 (d) (1), the Honorable Francis J. Harvey, the present
Secretary of the Army, has been substituted for the Honorable Les Brownlee.

Case 1:04-cv-00814-GMS-MPT

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Case 1:04-cv-00814-GMS-MPT

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Case 1:04-cv-00814-GMS-MPT

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