Opinion
Case No. 05-cv-4220-JPG.
May 3, 2006
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Jennifer Tolen's notice of voluntary dismissal of Counts VI through XX of this action pursuant to Federal Rule of Civil Procedure 41(a)(1) (Doc. 8). However, Rule 41(a)(1)(i) is inapplicable in that it speaks only of dismissing "an action" and not dismissing individual claims. To remedy this deficiency, the Court construes the notice of dismissal as a motion to voluntarily dismiss Counts VI through XX. without prejudice pursuant to Rule 41(a)(2).
The Court hereby GRANTS the motion to dismiss (Doc. 8), DISMISSES without prejudice Counts VI through XX, and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.
IT IS SO ORDERED.