Saint Fort v. Kane et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
David Saint Fort,
Katrina Kane, et al.,
No. CV 11-2385-PHX-GMS (MEA)
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.
DATED this 10th day of January, 2012.
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