BROOKS v. COLVIN, 8:14CV33. (2014)
Court: District Court, D. Nebraska
Number: infdco20140625f15
Visitors: 16
Filed: Jun. 24, 2014
Latest Update: Jun. 24, 2014
Summary: MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. This matter is before the court on Plaintiff's Notice of Dismissal. (Filing No. 21. ) Pursuant to Fed. R. Civ. P. 41, a plaintiff may dismiss an action by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment, or by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). In addition, a court may grant a request for voluntary di
Summary: MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. This matter is before the court on Plaintiff's Notice of Dismissal. (Filing No. 21. ) Pursuant to Fed. R. Civ. P. 41, a plaintiff may dismiss an action by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment, or by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). In addition, a court may grant a request for voluntary dis..
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MEMORANDUM AND ORDER
RICHARD G. KOPF, Senior District Judge.
This matter is before the court on Plaintiff's Notice of Dismissal. (Filing No. 21.) Pursuant to Fed. R. Civ. P. 41, a plaintiff may dismiss an action by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment, or by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). In addition, a court may grant a request for voluntary dismissal "on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2).
Plaintiff filed her Notice of Dismissal on June 5, 2014. (Filing No. 21.) In her Notice, Plaintiff asks the court to dismiss this matter because "the Social Security Administration calculated and paid benefits to Brooks-rending this matter moot." (Id.) Defendant has not served an answer or a motion for summary judgment. (See Docket Sheet.) In light of this, and in accordance with Fed. R. Civ. P. 41(a), this matter is dismissed without prejudice.
IT IS THEREFORE ORDERED that:
1. This matter is dismissed without prejudice.
2. A separate judgment will be entered in accordance with this Memorandum and Order.
Source: Leagle
