Free USCA Order Terminating Appeal - District Court of Delaware - Delaware

Case 1:04-cv-00386-SLR

Document 12

Filed 06/01/2005

Page 1 of 1

HPS-90

April 29, 2005

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 04-4308

PHILLIP A. DYE vs. MICHAEL B. JOSEPH
(D. Del. Civ. No. 04-cv-00386) Present: SCIRICA, CHIEF JUDGE, WEIS and GARTH, CIRCUIT JUDGES Submitted are: (1) (2) By the Clerk for possible dismissal due to a jurisdictional defect; and Appellant's jurisdictional response

in the above-captioned case. Respectfully, Clerk ORDER Treating the appellant's motion as a request to withdrawal the appeal, the motion is granted and the appeal is dismissed without prejudice. By the Court, s/Weis United States Circuit Judge Dated: June 1, 2005 tyw/cc: Mr. Phillip A. Dye Michael B. Joseph, Esq.

A True Copy :

Marcia M . Waldron, Clerk