McCorkle v. Caliber Home Loans, LLC

Filing 8

ORDER granting Plaintiff's 7 Motion to Dismiss Without Prejudice. Signed by Chief Judge J. Randal Hall on 08/24/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

*

SANDRA MCCORKLE,

5
*

Plaintiff,

■k

*

V.

CALIBER HOME LOANS,

CV 618-029

*

LLC,

*

Defendant.

*

ORDER

Pending before the Court
Without

Prejudice.

{Doc.

is

7. )

Plaintiff's Motion to Dismiss
Prior to this motion Defendant

did not file an answer or a motion for summary judgment.
Defendant

preclude

did

file

a motion to

Plaintiff's

right

under Federal Rule of Civil

United States,

defendant

547 F.2d 258,

''expended

to

dismiss,

such

voluntarily

a

motion

dismiss

Procedure 41(a) (1) (A) (i) .

258-59

considerable

(5th Cir.

effort

1977) .

in

While

does

her

not

action

Carter v.

Even where

preparing

their

motion to dismiss," the motion is not considered an answer or a

motion

for

summary

judgment

41(a) (1) (A) (i) .

Id.

at 259.

to

she

seeks.

the

dismissal

for

the

Accordingly,

purposes

of

Rule

Plaintiff is entitled

IT

IS

THEREFORE

ORDERED

that

Plaintiff's

Defendant is DISMISSED WITHOUT PREJUDICE.

claim

against

The Clerk is directed

to TERMINATE all motions and deadlines and CLOSE this case.

ORDER

ENTERED

at

Augusta,

Georgia,

this

day

of

August, 2018.

j.

qThief judge

INITED STATES DISTRICT COURT

s'bUTiiERN DISTRICT OF GEORGIA