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United States v. Schuerman

United States District Court, S.D. Illinois

March 10, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
ROY H. SCHUERMAN, Defendant.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Motion to Dismiss (Doc. 10) which the Court construes as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiff United States of America. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action without a court order at any time before the opposing party serves an answer or a motion for summary judgment. The defendant has not served an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss this case at the present time, the Court finds that this action is DISMISSED without prejudice and DIRECTS the Clerk of Court to close this case.

IT IS SO ORDERED.


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