FORT v. KANE, CV 11-2385-PHX-GMS (MEA). (2012)
Court: District Court, D. Arizona
Number: infdco20120111642
Visitors: 19
Filed: Jan. 10, 2012
Latest Update: Jan. 10, 2012
Summary: ORDER G. MURRAY SNOW, District Judge. Petitioner has filed a Motion to Dismiss Petition Without Prejudice (Doc 13). No answer or motion for summary judgment has been filed by Respondents. Petitioner's Motion is treated as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Wilson v. City of San Jose , 111 F.3d 688 , 692 (9th Cir. 1997) ("a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defenda
Summary: ORDER G. MURRAY SNOW, District Judge. Petitioner has filed a Motion to Dismiss Petition Without Prejudice (Doc 13). No answer or motion for summary judgment has been filed by Respondents. Petitioner's Motion is treated as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Wilson v. City of San Jose , 111 F.3d 688 , 692 (9th Cir. 1997) ("a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendan..
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ORDER
G. MURRAY SNOW, District Judge.
Petitioner has filed a Motion to Dismiss Petition Without Prejudice (Doc 13). No answer or motion for summary judgment has been filed by Respondents. Petitioner's Motion is treated as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) ("a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment").
IT IS ORDERED that Petitioner's Motion to Dismiss (Doc. 13) is treated as a notice of voluntary dismissal and this action is dismissed without prejudice.
Source: Leagle
