Saint Fort v. Kane et al

Filing 15

ORDER - 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. Signed by Judge G Murray Snow on 1/10/12. (LAD)

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WO

JKM

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Saint Fort,
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Petitioner,
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vs.
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Katrina Kane, et al.,
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Respondents.
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No. CV 11-2385-PHX-GMS (MEA)
ORDER

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Petitioner has filed a Motion to Dismiss Petition Without Prejudice (Doc 13). No

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answer or motion for summary judgment has been filed by Respondents. Petitioner’s Motion

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is treated as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal

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Rules of Civil Procedure. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)

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(“a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the

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defendant of an answer or a motion for summary judgment”).

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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.
DATED this 10th day of January, 2012.