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Phillips v. Dep't of Veterans Affairs Medical Center

May 2, 2006

NOEL PHILLIPS, PLAINTIFF,
v.
DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, DEFENDANT.



The opinion of the court was delivered by: Gilbert, District Judge

ORDER

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.

J. PHIL GILBERT U.S. District Judge

20060502

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