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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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

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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