The alleged sexual assault victim has agreed not to oppose the motion to dismiss, according to court documents filed Thursday.
U.S. District Judge Ellen Hollander has already ruled that she doesn't have jurisdiction over the military's justice system in regard to the lawsuit. She made that ruling earlier this month after the alleged victim sought an injunction to have Superintendent Vice Adm. Michael Miller removed while the suit was pending.
The alleged victim argued Miller is biased in favor of the defendants – all former football players — and should be stripped of his authority to decide whether to prosecute three midshipmen accused of assaulting her at an off-campus party in April 2012.
After Hollander denied the injunction, Miller ordered a court martial for two of the three accused midshipmen, Joshua Tate and Eric Graham, on charges of aggravated sexual assault and making false official statements. Miller declined to charge the third midshipman, Tra'ves Bush.
On Tuesday, Tate sought to join the alleged victim's federal lawsuit. He alleged the superintendent is biased because he faces political pressure to prosecute sexual assault cases. Hollander has not ruled on Tate's request to have "intervenor" status in the case.