Opinion
Case No. 10-cv-788-JPG.
February 22, 2011
MEMORANDUM AND ORDER
This matter is before the Court on the plaintiff's motion to dismiss without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) (Doc. 15). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal. There being no objection from the defendant, the Court GRANTS the motion (Doc. 15), DISMISSES this case without prejudice and DIRECTS the Clerk of Court to close the case.
IT IS SO ORDERED.
DATED: February 22, 2011