White v. CBE Customer Solutions, Inc.

Filing 17

ORDER that the 15 Motion to Dismiss is denied without prejudice for failure to comply with Rule 41 (a) (1) (A). Signed by Judge J. Randal Hall on 09/22/2016. (thb)

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Case 1:16-cv-00064-JRH-BKE Document 17 Filed 09/22/16 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT SOUTHERN FOR THE DISTRICT OF GEORGIA AUGUSTA DIVISION * LEVI WHITE, * * Plaintiff, * v. * CV 1:16-64 * CBE CUSTOMER SOLUTIONS, INC., Defendant. * * * * * ORDER Presently before the Court is Plaintiff's Motion for Order of Dismissal with Prejudice. (Doc. 15). The Court must deny Plaintiff's motion because it does not comply with Federal Rule of Civil Procedure 41(a)(1)(A). the opposing party has Rule 41(a)(1)(A) states that if already served the Plaintiff with an answer, he can no longer voluntarily dismiss the case unless all parties sign a stipulation of dismissal. Defendant answered Plaintiff's complaint prior to Plaintiff's filing of this motion to dismiss, but Plaintiff's motion is not dismissal and is not signed by all parties. a stipulation Thus, of Plaintiff's motion is DENIED WITHOUT PREJUDICE for failure to comply with Rule 41 (a) (1) (A) . Case 1:16-cv-00064-JRH-BKE Document 17 Filed 09/22/16 Page 2 of 2 ORDER September, ENTERED at Augusta, Georg orgia, this £>$Pf day 2016. HONORHBLE-JPT RAN DAL ' HALL UNITED STM-ES DISTRICT JUDGE )UTHERN^DISTRICT OF GEORGIA o

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