Jones v. Piedmont Airlines, Inc.

Filing 21

ORDER Denying as Moot 18 Defendant's Motion to Dismiss. The Court accordingly orders that this matter be DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Graham Mullen on 2/23/2018. (Pro se litigant served by US Mail.)(jaw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
NO. 3:17-cv-604-GCM
KAREN M. JONES,
Plaintiff,
v.
ORDER
PIEDMONT AIRLINES, INC.,
Defendant.

THIS MATTER is before the Court on the Pro Se Motion to Voluntarily Dismiss
Without Prejudice (Doc. No. 17) filed by Plaintiff Karen M. Jones.
Federal Rule of Civil Procedure 41(a) provides that a voluntary dismissal may be filed
without a court order if it is filed before the opposing party has answered the complaint or filed a
motion for summary judgment. Jones filed this Motion on February 20, 2018, before Defendant
Piedmont Airlines had answered or filed a motion for summary judgment.
“A document filed pro se is ‘to be liberally construed.’” Erickson v. Pardus, 551 U.S. 89,
94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 107 (1976)). Construing Jones’s pro se filing
liberally, the Court will treat her Motion to Voluntarily Dismiss as a Notice of Dismissal. Pursuant
to Rule 41(a)(1), the Court accordingly orders that this matter be DISMISSED WITHOUT
PREJUDICE. Defendant’s Motion to Dismiss (Doc. No. 18) is DENIED AS MOOT.
SO ORDERED.
Signed: February 23, 2018