Brazill v. Peterson, 2:17-cv-394-FtM-38UAM. (2019)
Court: District Court, M.D. Florida
Number: infdco20190408b33
Visitors: 4
Filed: Apr. 05, 2019
Latest Update: Apr. 05, 2019
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. 54) filed April 3, 2019. Plaintiff, who has pending a civil rights action, seeks to voluntarily dismiss this action without prejudice. Id. Prior to an answer or motion for summary judgment by the opposing party or upon stipulation, a party may voluntarily dismiss an action without a court order. Fed. R. Civ. P. 41(a)(1)(A). Otherwise, an ac
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. 54) filed April 3, 2019. Plaintiff, who has pending a civil rights action, seeks to voluntarily dismiss this action without prejudice. Id. Prior to an answer or motion for summary judgment by the opposing party or upon stipulation, a party may voluntarily dismiss an action without a court order. Fed. R. Civ. P. 41(a)(1)(A). Otherwise, an act..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. 54) filed April 3, 2019. Plaintiff, who has pending a civil rights action, seeks to voluntarily dismiss this action without prejudice. Id.
Prior to an answer or motion for summary judgment by the opposing party or upon stipulation, a party may voluntarily dismiss an action without a court order. Fed. R. Civ. P. 41(a)(1)(A). Otherwise, an action may be dismissed upon the plaintiff's request by court order. Fed. R. Civ. P. 41(a)(2). Because Defendant Peterson has filed an Answer (Doc. 36), the Court construes the Notice as a motion brought pursuant to Fed. R. Civ. P. 41(a)(2). Plaintiff advises the Court that he has conferred with counsel for Defendants and Defendants have no objection to the voluntary dismissal. Doc. 54 at 1.
Accordingly, it is now
ORDERED:
Plaintiff's Notice (Doc. 54) construed as a motion pursuant to Fed. R. Civ. P. 41(a)(2) is GRANTED and the Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions and deadlines, and close this case.
FootNotes
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Source: Leagle
