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United States v. Dvorschock

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 13, 2006

UNITED STATES OF AMERICA PLAINTIFF,
v.
CHANDRA LEIGH DVORSCHOCK, DEFENDANT.

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

ORDER

This matter comes before the Court on the government's motion to dismiss without prejudice (Doc. 7). On November 29, 2006, the Court ordered the government to show cause why this case should not be dismissed for its failure to prosecute. After considering the government's motion, the Court finds that it is a sufficient response to its show cause order, and that order is hereby discharged.

Rule 41(a)(1)(i) provides that "an action may be dismissed by the plaintiff without a court order . . . by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever occurs first." The defendant has not filed an answer or motion for summary judgment and the government requests that the dismissal in this case be without prejudice. The government's motion to dismiss -- which the Court construes as a notice of dismissal -- by itself, has the effect of dismissing the government's 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 DISTRICT JUDGE

20061213

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