Filing 15

ORDER: Pursuant to 12 Notice of Voluntary Dismissal, claims against Defendent, DOE 1 are DISMISSED WITHOUT PREJUDICE. Clerk instructed to make the appropriate notation on the docket. Claims will proceed against Defendant, TAKHAR COLLECTION SERVICES LTD. Signed by MAGISTRATE JUDGE GARY R JONES on 9/18/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION DANIELLE JACOBS, Plaintiff, vs. Case No: 1:12-cv-85-MP-GRJ TAKHAR COLLECTION SERVICES, LTD., DOE 1, Defendants. _______________________________/ ORDER Pending before the Court is Doc. 12, Plaintiff’s Notice of Voluntary Dismissal as to Doe 1. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. The effect of such a voluntary dismissal by a plaintiff is that the dismissal is without prejudice, unless the plaintiff has previously dismissed any federal or state court action based on or including the same claim. FED . R. CIV. P. 41(a)(1)(B). In this instance, it does not appear that Defendant Doe 1 has been served, and it does not appear that Plaintiff has previously dismissed any action based on the same claim. Accordingly, upon due consideration, it is ORDERED that: Pursuant to Plaintiff’s Notice of Voluntary Dismissal, Doc. 12, the claims against Defendant Doe 1 are DISMISSED WITHOUT PREJUDICE. The Clerk is instructed to make the appropriate notation on the docket. The claims will proceed against Defendant Takhar Collection Services, Ltd. DONE AND ORDERED this 18th day of September 2012. s/ Gary R. Jones GARY R. JONES United States Magistrate Judge Case No: 1:12-cv-85-MP-GRJ

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