HOLCOMBE v. ACCRETIVE HEALTH INC

Filing 6

ORDER OF DISMISSAL: Pursuant to Plaintiff's 5 Notice of Voluntary Dismissal, case is DISMISSED. Clerk shall close this case. Signed by SENIOR JUDGE STEPHAN P MICKLE on 11/20/2012. (jws)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION JASON HOLCOMBE, Plaintiff, v. CASE NO.: 1:12cv235-SPM/GRJ ACCRETIVE HEALTH INC., a Delaware Corporation d/b/a Medical Financial Solutions, Defendant. __________________________/ ORDER OF DISMISSAL This cause comes before the Court upon Plaintiff’s Notice of Voluntary Dismissal (doc. 5). Defendant has not filed either an answer to the Plaintiff’s Complaint or a motion for summary judgment. Therefore, Plaintiff is entitled to a voluntary dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). See also, Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir.1990) (“It is well established that Rule 41(a)(1)(i) grants a plaintiff an unconditional right to dismiss his complaint by notice and without an order of the court at any time prior to the defendant’s service of an answer or a motion for summary judgment.”). Further, a plaintiff’s Notice of Dismissal pursuant to Federal Rule of Page 2 of 2 Civil Procedure 41(a)(1)(A)(i) is effective immediately upon the filing. Id. Accordingly, it is ORDERED AND ADJUDGED that this case is dismissed. The clerk shall close this case. DONE AND ORDERED this 20th day of November, 2012. S/ Stephan P. Mickle Stephan P. Mickle Senior United States District Judge CASE NO.: 1:12cv235-SPM/GRJ

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