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LISTWA v. U.S., 15-797C. (2015)

Court: United States Court of Federal Claims Number: infdco20150825746 Visitors: 1
Filed: Aug. 21, 2015
Latest Update: Aug. 21, 2015
Summary: ORDER ELAINE D. KAPLAN , Judge . The Court is in receipt of plaintiff's request for the Court to dismiss the plaintiff's action without prejudice filed on August 17, 2015. Request for Case Dismissal 1, ECF No. 6. Plaintiff states that the matter should never have been filed in this Court and that the case is currently "under consideration by a Decision Review Officer and the Department of Veterans Affairs Debt Management Center." Id. Because the defendant has not yet served an answer to
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ORDER

The Court is in receipt of plaintiff's request for the Court to dismiss the plaintiff's action without prejudice filed on August 17, 2015. Request for Case Dismissal 1, ECF No. 6. Plaintiff states that the matter should never have been filed in this Court and that the case is currently "under consideration by a Decision Review Officer and the Department of Veterans Affairs Debt Management Center." Id.

Because the defendant has not yet served an answer to plaintiff's complaint, a motion for summary judgment, or a motion for judgment on the administrative record, the Court treats plaintiff's Request for Case Dismissal as a Notice of Dismissal pursuant to Rule 41(a)(1)(A)(i) of the Rules of the Court of Federal Claims.

The Clerk of the Court is directed to DISMISS this case without prejudice. All pending motions are DENIED as moot.

IT IS SO ORDERED.

Source:  Leagle

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