Armstrong v. Lee County, Florida Port Authority
ORDER dismissing case re 10 Notice of voluntary dismissal. This cause is DISMISSED without prejudice. The Clerk of the Court is directed to CLOSE the case, terminate any pending motions and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 11/21/2013. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOHN D. ARMSTRONG,
Case No: 2:13-cv-403-FtM-38UAM
LEE COUNTY, FLORIDA PORT
This matter comes before the Court on Notice of Voluntary Dismissal (Doc. #10)
filed on November 19, 2013. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff
to dismiss a case without a court order. The Rule reads in pertinent part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal
statute, the plaintiff may dismiss an action without a court order by
A notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
A stipulation of dismissal signed by all parties who have
Fed. R. Civ. P. 41(a)(1)(A).
In this instance, Plaintiff files a notice of voluntary dismissal without prejudice.
Defendant has not appeared in this case.
Accordingly, it is now
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(1) This cause is DISMISSED without prejudice.
(2) The Clerk of the Court is directed to CLOSE the case, terminate any pending
motions and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 20th day of November, 2013.
Copies: All Parties of Record
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