Awah v. Capital One Bank
Filing
14
MEMORANDUM OPINION (c/m to Plaintiff 9/19/13 sat). Signed by Chief Judge Deborah K. Chasanow on 9/19/13. (sat, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
EDMUND AWAH
:
v.
:
Civil Action No. DKC 13-0706
:
CAPITAL ONE BANK
:
MEMORANDUM OPINION
Both pro se Plaintiff Edmund Awah and Defendant Capital One
Bank have filed separate motions to dismiss in this case brought
under the Fair Debt Collection Practices Act (“FDCPA”).
U.S.C. § 1692 et seq.
15
On July 1, 2013, Defendant moved to
dismiss with prejudice for failure to state a claim, arguing
that based on the face of Plaintiff’s complaint, Capital One
Bank is a “creditor” and not a “debt collector” and therefore
outside the FDCPA’s liability coverage.
(ECF No. 8).
On August
22, 2013, Plaintiff moved to dismiss this case, writing that
“[t]he matter will now be filed in state court as the federal
court is not the appropriate forum.”
(ECF No. 13).
Defendant
had until September 9, 2013 to respond to this motion and has
not done so.
Federal
Rule
of
Civil
Procedure
41(a)(1)(A)(i)
provides
that “the plaintiff may dismiss an action without a court order
by filing . . . a notice of dismissal before the opposing party
serves
either
an
answer
or
a
motion
for
summary
judgment.”
Defendant has not served either an answer or motion for summary
judgment.
As Plaintiff’s notice does not state otherwise, this
dismissal is without prejudice.
Accordingly,
Plaintiff’s
Fed.R.Civ.Pro. 41(a)(1)(B).
motion
will
case shall be dismissed without prejudice.
be
granted
and
A separate order
will follow.
/s/
DEBORAH K. CHASANOW
United States District Judge
2
the
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