Woolman v. Valentino's Employee's & Family

Filing 11

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Voluntary Dismissal (filing no. 10 ) is granted and this matter is dismissed without prejudice. Plaintiff's Motion for Protective Order (filing no. 1 ) is denied as moot. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MR. MICHAEL B. WOOLMAN,
Plaintiff,
v.
VALENTINO’S EMPLOYEE’S &
FAMILY,
Defendant.

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4:13CV3025

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Voluntary Dismissal.
(Filing No. 10.) Also pending is Plaintiff’s Motion for Protective Order. (Filing No.
1.)
Pursuant to Fed. R. Civ. P. 41, a plaintiff may dismiss an action by filing a
notice of dismissal before the opposing party serves either an answer or a motion for
summary judgment, or by filing a stipulation of dismissal signed by all parties who
have appeared. Fed. R. Civ. P. 41(a)(1). In addition, a court may grant a request for
voluntary dismissal “on terms that the court considers proper.” Fed. R. Civ. P.
41(a)(2).
Plaintiff filed his Motion for Voluntary Dismissal on March 27, 2013. (Filing
No. 10.) In his Motion, Plaintiff asks the court to dismiss this matter because “the
party was not sought as true.” (Id. at CM/ECF p. 1.) Plaintiff is proceeding pro se
and Defendants in this matter have not been served with his Complaint. In light of
this, Plaintiff’s Motion for Voluntary Dismissal is granted in accordance with Federal
Rule of Civil Procedure 41(a) and this matter is dismissed without prejudice.

IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion for Voluntary Dismissal (filing no. 10) is granted and
this matter is dismissed without prejudice.
2.

Plaintiff’s Motion for Protective Order (filing no. 1) is denied as moot.

3.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 1st day of April, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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