DocketNumber: Civ. A. Nos. 17230-3, 17273-3
Citation Numbers: 311 F. Supp. 373
Judges: Becker
Filed Date: 7/23/1969
Status: Precedential
Modified Date: 11/26/2022
ORDER DISMISSING APPEAL OF PETITIONER
The final order of this Court in the above consolidated cases was entered
Petitioner submitted a notice of appeal received in this division on July 14, 1969, wherein he stated that he desired to appeal from the order of June 27, 1969, in forma pauperis. Petitioner duly submitted therewith an in forma pauperis affidavit. After the preparation of an order ruling on petitioner’s motion to appeal in forma pauperis, but before it was signed or filed, petitioner moved the court by and through his court appointed counsel, C. Wallace Walter, Esquire, to dismiss his appeal. Notice was given simultaneously to the attorney for respondent herein. Rule 42(a) of the Rules of Appellate Procedure provides that:
"If an appeal has not been docketed, the appeal may be dismissed by the district court upon the filing in that court of a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant.”
See also 9 Moore’s Federal Practice ¶ 73.12, p. 3208 (1968 ed.). It thus appears that Rule 42(a) of the Rules of Appellate Procedure has been complied with by petitioner herein. It is therefore
Ordered, in accordance with Rule 42(a) of the Rules of Appellate Procedure, that petitioner’s appeal be, and the same is hereby, dismissed.