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Citimortgage, Inc v. Thomas P. Noascono

October 7, 2011

CITIMORTGAGE, INC., PLAINTIFF,
v.
THOMAS P. NOASCONO, UNITED STATE OF AMERICA, UNKNOWN TENANTS, UNKNOWN OWNERS, AND NON-RECORD CLAIMANTS, DEFENDANTS.



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

ORDER

Pending before the Court is plaintiff's motion to voluntarily dismiss its claims against defendant United States of America pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) (Doc. 19). "The determination of whether to grant a motion for voluntary dismissal rests within the sound discretion of the district court." Tyco Labs., Inc. v. Koppers Co., Inc., 627 F.2d 54, 56 (7th Cir. 1980). This is a residential foreclosure action. Specifically, plaintiff states the United States' tax lien on the property was recently satisfied, and the lien has been released. Based upon this satisfaction, the United States no longer has an interest in this litigation. Thus, dismissal will not prejudice it. Accordingly, the Court GRANTS the motion and DISMISSES without prejudice plaintiff's claims against defendant United States of America.

IT IS SO ORDERED. Digitally signed by Date: 2011.10.07 11:26:49 -05'00' David R. Herndon Chief Judge United States District Court

20111007

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