U.S. v. BERTELSEN, 2:14-cv-611-FtM-38CM. (2015)
Court: District Court, M.D. Florida
Number: infdco20150212728
Visitors: 15
Filed: Feb. 11, 2015
Latest Update: Feb. 11, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff's Notice of Dismissal ( Doc. #8 ) filed on February 11, 2015. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The rule reads in pertinent part: Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) A notice of dismissal before the opposing part
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff's Notice of Dismissal ( Doc. #8 ) filed on February 11, 2015. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The rule reads in pertinent part: Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) A notice of dismissal before the opposing party..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Notice of Dismissal (Doc. #8) filed on February 11, 2015. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The rule reads in pertinent part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) A stipulation of dismissal signed by all parties who have appeared.
Fed. R. Civ. P. 41(a)(1)(A).
In this instance, the plaintiff dismisses this action without prejudice. The plaintiff asserts the defendant could not be located for service by mail or personal service. As a result, the defendant has not filed an answer or motion for summary judgment.
Accordingly, it is now
ORDERED:
Pursuant to Plaintiff's Notice of Dismissal (Doc. #8) and Rule 41(a)(1)(A)(i), the Complaint (Doc. #1) is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions, enter judgment, and close the case.
DONE and ORDERED.
FootNotes
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Source: Leagle
