Opinion
Case No. 12-CV-13579
09-28-2012
STEVE BYRUM, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
HON. GEORGE CARAM STEEH
ORDER OF DISMISSAL
Before the court is plaintiff's "application to dismiss," in which he states, via counsel, that he wishes to "withdraw this matter and to dismiss the Complaint." No answer to the complaint has been filed by defendant to date.
The court construes this filing as a notice of dismissal under Fed. R. Civ. P. 41(a)(1)(A)(I). That rule provides for dismissal without court order upon the filing of a notice of dismissal, where the notice is filed before the opposing party files its answer or a motion for summary judgment. Accordingly, the complaint is hereby DISMISSED.
IT IS SO ORDERED.
_________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
September 28, 2012, by electronic and/or ordinary mail.