United States of America v. Schuerman

Filing 11

MEMORANDUM AND ORDER dismissing case without prejudice. Signed by Judge J. Phil Gilbert on 3/10/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 13-cv-560-JPG-DGW

ROY H. SCHUERMAN,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Motion to Dismiss (Doc. 10) which the Court
construes as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed
by plaintiff United States of America. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action
without a court order at any time before the opposing party serves an answer or a motion for
summary judgment. The defendant has not served an answer or motion for summary judgment in
this case. Because the plaintiff has an absolute right to dismiss this case at the present time, the
Court finds that this action is DISMISSED without prejudice and DIRECTS the Clerk of Court
to close this case.
IT IS SO ORDERED.
DATED: March 10, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE