CIVIL ACTION NO. 1:07CV644.United States District Court, E.D. Virginia, Alexandria Division.
September 18, 2007
MEMORANDUM OPINION
THERESA BUCHANAN, Magistrate Judge
THIS MATTER came before the Court pursuant to pleadings filed by the Plaintiff (#9, #10) on September 12, 2007, which the Court treats as a motion for leave to dismiss the complaint.
This matter may not be dismissed without consent of the Defendant pursuant to Fed.R.Civ.P. 41(a)(1). Moreover, such dismissal may not be conditioned upon a request for “extension” for the plaintiff to seek refinancing or sell the property as requested in plaintiff’s motion.
Therefore, Plaintiff’s motion must be denied.
An appropriate order shall issue.
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