Before me for review is a Recommended Order of Dismissal
issued by Administrative Law Judge (ALJ) John H. Bedford on
January 4, 1989. That order dismissed the captioned case, which
arises under Section 210 of the Energy Reorganization Act of
1974, 42 U.S.C. § 5851 (1982). The basis for the ALJ's
recommended order was a proposed order which the parties jointly
submitted to the ALJ, agreeing to dismiss the "appeal" of the
matter "with full prejudice." See, Recommended Order of
Dismissal submitted on or about December 22, 1988, as covered by
a letter from Respondent's attorney to Judge Bedford dated
December 22, 1988.
The ALJ cites no authority for dismissal of Mr. von
Weisenstein's complaint. Rule 41(a)(1)(ii) of the Federal Rules
of Civil Procedure, Fed. R. Civ. P. 41(a)(1)(ii), however
provides for dismissal of an action, "by filing a stipulation of
dismissal signed by all the parties who have appeared in the
action. Unless otherwise stated in the notice of dismissal or
stipulation, the dismissal is without prejudice. . . . "
As noted above the parties in this matter have expressly
chosen, of their own accord, to have the case dismissed with
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prejudice. Accordingly, pursuant to Rule 41(a)1)(ii), I will
treat the parties' joint proposal for dismissal as a stipulation
of dismissal (which was accepted and approved by the ALJ) and the
complaint in this case is herewith DISMISSED WITH PREJUDICE.
