The late singer Karen Carpenter won't be testifying in U.S. District Court after all, since Judge David K. Winder has dismissed her suit.

"The Carpenters," William Maiben, the Journal of Mathematical Theology and a woman held in a mental institution are all allegedly plaintiffs in a suit filed Oct. 6. It sought to have the woman released from the University of Utah Medical Center, claiming she was held against her will."Karen Carpenter will testify in person," the suit promised.

As for the woman in the institution, a note at the end of the complaint says "the whole society tried to obstruct her. As they did you. It's time to put an end to the society."

U.S. Magistrate Ronald N. Boyce wrote that Maiben is the person who signed the complaint, not the other alleged plaintiffs.

"Mr. Maiben is not an attorney admitted to practice in this district and may not file a complaint on behalf of any plaintiff," Boyce wrote. He dismissed the suit on Oct. 6, but the dismissal was appealed.

Now Winder has upheld the dismissal, ordering the suit dropped with prejudice.