Date: May 10, 1995

Case No.: 95-ERA-28

In the Matter of

EDI WADE,
    Complainant,

    v.

BURNS INTERNATIONAL SECURITY SERVICES,

    and

CLANCY AND THEYS CONSTRUCTION COMPANY,

    and

CAROLINA LIGHT AND POWER COMPANY,
    Respondents.

    Edi Wade, the Complainant, acting pro se, has by letter moved to dismiss her complaint without prejudice on the grounds that "the Nuclear Regulatory Commission should be able to resolve the nuclear safety concerns that I brought forth."

    Counsel for one of the respondents has replied that the respondents do not object to dismissal of the complaint without prejudice. Rule 41(a) of the Federal Rules of Civil Procedure applies to the voluntary dismissal of ERA complaints. I consider the letters of the parties to constitute a stipulation of dismissal pursuant to Rule 41(a)(1)(ii). Accordingly, I am recommending that the complaint be dismissed without prejudice.

    IT IS ORDERED that the complaint of Edi Wade be, and hereby is, dismissed without prejudice.

      FLETCHER E. CAMPBELL, JR.
      Administrative Law Judge

FEC/lfrl
Newport News, Virginia
Date: May 10, 1995

NOTICE: This Recommended Order and the administrative file in the matter will be forwarded for review by the Secretary of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. The Office of Administrative Appeals has the responsibility to advise and assist the Secretary in the preparation and issuance of final decisions in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).