United States of America
Filing
8
ORDER dismissing case re 1 Complaint. Plaintiff's Complaint 1 is DISMISSED without prejudice. The Clerk is directed to close the case, terminate any pending motions and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 4/9/2014. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
Case No: 2:14-cv-61-FtM-38CM
JAMES P. O’CONNELL,
Defendant.
/
ORDER1
This matter comes before the Court on Notice of Voluntary Dismissal (Doc. #7)
filed on April 7, 2014. 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
filing:
(i)
A notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
(ii)
A stipulation of dismissal signed by all parties who have
appeared.
Fed. R. Civ. P. 41(a)(1)(A).
1
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In this instance, Plaintiff files this notice pursuant to Rule 41(a)(1)(A)(i). Defendant
has not filed an answer or motion for summary judgment; most likely because he has not
been served. Plaintiff indicates that this dismissal is without prejudice.
Accordingly, it is now
ORDERED:
Plaintiff’s Complaint (Doc. #1) is DISMISSED without prejudice. The Clerk is
directed to close the case, terminate any pending motions and enter judgment
accordingly.
DONE and ORDERED in Fort Myers, Florida this 8th day of April, 2014.
Copies: All Parties of Record
2
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