Opinion
CV-23-01666-PHX-MTL
09-01-2023
Gene Edward Scott, II, Plaintiff, v. Air National Guard, et al., Defendants.
ORDER
Michael T. Liburdi United States District Judge
Plaintiff filed a Motion to Dismiss (Doc. 5). The court construes his motion as a Notice of Voluntary Dismissal by Plaintiff. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff may dismiss an action “before the opposing party serves either an answer or a motion for summary judgment....” Defendant have not yet been served.
Accordingly, IT IS ORDERED that Plaintiff's Motion (Doc. 5) is granted.
IT IS FURTHER ORDERED that Plaintiff's Application for Leave to Proceed In Forma Pauperis (Doc. 2) is denied as moot.
IT IS FINALLY ORDERED that the Clerk of Court dismiss this action, without prejudice, and close this case.