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Concepcion v. Mulch

October 19, 2009

ANGEL CONCEPCION, PLAINTIFF,
v.
ROGER D. MULCH, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's notice informing the Court that he would like to voluntarily dismiss this civil action, which the Court has construes as motion for voluntarily dismissal (Doc. 6). Federal Rule of Civil Procedure 41(a)(1)(A) provides that 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." As the instant case is still under threshold review, Defendants have not even been served with process and, therefore, Defendants have not served either an answer or a motion for summary judgment. Consequently, Plaintiff may voluntarily dismiss this action, without prejudice, pursuant to Rule 41(a)(1)(A). Accordingly, Plaintiff's motion to dismiss (Doc. 6) is GRANTED, and this action is DISMISSED without prejudice. All pending motions are denied as moot. The Clerk of Court is DIRECTED to close this case on the Court's docket.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20091019

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