Murillo v. U.S. Postal Serv.

Full title: JANETH MURILLO, Plaintiff, v. U.S. POSTAL SERVICE, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Date published: Sep 17, 2019

8:19CV262 (D. Neb. Sep. 17, 2019)

Opinion

8:19CV262

09-17-2019

JANETH MURILLO, Plaintiff, v. U.S. POSTAL SERVICE, Defendant.

Richard G. Kopf Senior United States District Judge

MEMORANDUM AND ORDER

This matter is before the court on Plaintiff's "Notice of Voluntary Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i)." (Filing No. 6.) Rule 41(a) states that a 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." Fed. R. Civ. P. 41(a)(1)(A)(i). In addition, Rule 41(a)(2) provides that an action may be dismissed at the plaintiff's request "on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2). Here, Plaintiff asks the court to dismiss this action with prejudice based on a settlement agreement between Plaintiff and Defendant, and Defendant has not been served with process. Accordingly,

IT IS ORDERED that:

1. Plaintiff's request for dismissal of this action (filing no. 6) is granted. This matter is dismissed with prejudice.

2. A separate judgment will be entered in accordance with this Memorandum and Order.

Dated this 17th day of September, 2019.

BY THE COURT:

s/ Richard G. Kopf

Senior United States District Judge