Randleman v. Secretary, Department of Veteran Affairs

Filing 11

ORDER OF DISMISSAL. Signed by Judge Timothy S. Black on 1/6/12. (Attachments: # 1 Certified Mail Receipt) (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DORIS M. RANDLEMAN,
Plaintiff,
vs.
ERIC K. SHINESKI, Secretary,
Department of Veterans Affairs,
Defendant.

:
:
:
:
:
:
:
:
:
:

Case No. 3:11-cv-376
Judge Timothy S. Black
Magistrate Judge Michael J. Newman

ORDER OF DISMISSAL
This case is before the Court on Plaintiff’s Motion to Dismiss this case without
prejudice. (Doc. 9). Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), a 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[.]” Here, Defendant has
neither answered nor moved for summary judgment. Accordingly, the Court construes
Plaintiff’s Motion as a notice of dismissal without prejudice.
Accordingly, this case is DISMISSED WITHOUT PREJUDICE. The Clerk
shall terminate Plaintiff’s Motion (Doc. 9) and close this case on the Court’s docket.
IT IS SO ORDERED.

Date:

January 6, 2012

s/ Timothy S. Black
Timothy S. Black
United States District Judge