Summary
granting Rule 41 motion and dismissing claims without prejudice even though defendant had already filed a motion for summary judgment on the merits; no legal prejudice in the fact that litigation had proceeded to the summary judgment stage
Summary of this case from Bell v. Turner Recreation CommissionOpinion
CASE NO. 3:06-cv-1014-MEF.
June 18, 2007
ORDER
On May 31, 2007, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is adopted.
2. That the plaintiff's motion to dismiss (Doc. #74) is GRANTED and that this action is DISMISSED without prejudice pursuant to Fed.R.Civ.P. 41(a)(2).