WALDHAUER et al v. MENU FOODS INC et al

Filing 5

REPORT AND RECOMMENDATION - That Pltf's 4 Affidavit for Voluntary Dismissal, construed as a Notice of Voluntary Dismissal, be GRANTED and this case be DISMISSED without prejudice. Signed by Judge ELIZABETH M TIMOTHY on 4/9/2007.

Internal deadline for referral to district judge if objections are not filed earlier: 5/7/2007. (laj)

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WALDHAUER et al v. MENU FOODS INC et al Doc. 5 Case 3:07-cv-00131-MCR-EMT Document 5 Filed 04/09/2007 Page 1 of 2 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DEBRA LYNN WALDHAUER, Plaintiff, vs. MENU FOODS, INC., et al., Defendants. _____________________________/ REPORT AND RECOMMENDATION This matter is before the court on Plaintiff's Affidavit for Voluntary Dismissal, in which Plaintiff states she wishes to voluntarily dismiss the instant civil case (Doc. 4). This court construes Plaintiff's affidavit as a notice of voluntary dismissal, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Rule 41(a)(1)(i) provides that an action may be dismissed without an order of the court by filing a notice of dismissal at any time before the adverse party serves an answer or files a motion for summary judgment. Because Defendants have not yet been served in the instant case, it is clear that Plaintiff is automatically entitled to a voluntary dismissal at this time. Accordingly, it is respectfully RECOMMENDED: That Plaintiff's Affidavit for Voluntary Dismissal (Doc. 4), construed as a notice of voluntary dismissal, be GRANTED and this case be DISMISSED without prejudice. At Pensacola, Florida, this 9th day of April 2007. Case No.: 3:07cv131/MCR/EMT /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com Case 3:07-cv-00131-MCR-EMT Document 5 Filed 04/09/2007 Page 2 of 2 Page 2 of 2 NOTICE TO THE PARTIES Objections to these proposed findings and recommendations may be filed within ten (10) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only. A copy of objections shall be served upon the magistrate judge and all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988). Case No.: 3:07cv131/MCR/EMT

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