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Smith v. United States Secret Service

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 3, 2009

ROBERT K. SMITH, PLAINTIFF,
v.
UNITED STATES SECRET SERVICE, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's motions to voluntarily dismiss this action (Docs. 4 and 5). Rule 41(a) of the Federal Rules of Civil Procedure provides that Plaintiff may voluntarily dismiss an action without a court order by filing a notice of dismissal before the opposing party files an answer or a motion for summary judgment. In this case, the defendant has not been served and, therefore, no answer or motion to dismiss has been filed by the opposing party. Accordingly, Plaintiff's motions to voluntarily dismiss this action (Docs. 4 and 5) are GRANTED, All other pending motions are DENIED as moot. The Clerk is DIRECTED to close this case.

IT IS SO ORDERED.

David R Herndon DISTRICT JUDGE

20090203

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