CARTER v. U.S., 1:10cv165-MP-GRJ. (2012)
Court: District Court, N.D. Florida
Number: infdco20120127b68
Visitors: 22
Filed: Jan. 25, 2012
Latest Update: Jan. 25, 2012
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This matter is before the Court on plaintiff's Notice of Voluntary Dismissal with Prejudice. (Doc. 22). Unless a notice of dismissal is filed before the defendant serves an answer or motion for summary judgment or a stipulation is signed by all parties who have appeared, the action may be dismissed at the plaintiff's request only by court order. See Fed. R. Civ. P. 41(a). Here, the defendant has answered the complaint but has not signed a stipul
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This matter is before the Court on plaintiff's Notice of Voluntary Dismissal with Prejudice. (Doc. 22). Unless a notice of dismissal is filed before the defendant serves an answer or motion for summary judgment or a stipulation is signed by all parties who have appeared, the action may be dismissed at the plaintiff's request only by court order. See Fed. R. Civ. P. 41(a). Here, the defendant has answered the complaint but has not signed a stipula..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This matter is before the Court on plaintiff's Notice of Voluntary Dismissal with Prejudice. (Doc. 22). Unless a notice of dismissal is filed before the defendant serves an answer or motion for summary judgment or a stipulation is signed by all parties who have appeared, the action may be dismissed at the plaintiff's request only by court order. See Fed. R. Civ. P. 41(a). Here, the defendant has answered the complaint but has not signed a stipulation of dismissal. Nevertheless, the Court finds that dismissal is appropriate.
Accordingly, it is now ORDERED:
1. This case is dismissed with prejudice at the plaintiff's request pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
2. The Clerk is directed to close the file, but the Court retains jurisdiction for sixty (60) days pursuant to N.D. Fla. Loc. R. 16.2(D).
DONE and ORDERED.
Source: Leagle
