Phillips v. Department of Veteran's Affairs Medical Center

Filing 7

ORDER DISMISSING CASE without prejudice. Clerk to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/2/06. (dka, )

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Phillips v. Department of Veteran's Affairs Medical Center Doc. 7 Case 4:06-cv-04079-JPG-DGW Document 7 Filed 05/02/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS NOEL PHILLIPS, Plaintiff, v. DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, Defendant. ) ) ) ) ) ) ) ) ) ORDER GILBERT, District Judge: This matter comes before the Court on plaintiff's notice of voluntary dismissal (Doc. 6) filed pursuant to Federal Rule of Civil Procedure 41(a)(1). Under that rule, a plaintiff may dismiss an action without order of court if he files a notice of dismissal before the adverse party answers or files a motion for summary judgment. F.R.Civ.P 41(a)(1)(i). Defendant has not answered or filed a motion for summary judgment and plaintiff had indicated that he dismissed this action without prejudice. Therefore, the Court finds that this action has been DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. Dated: May 2, 2006. /s/ J. Phil Gilbert J. PHIL GILBERT U.S. District Judge Case No. 06-CV-4079-JPG

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