Opinion
CIVIL ACTION NO. 5:05-00082, CRIMINAL ACTION NO. 5:03-00200-2.
November 30, 2007
MEMORANDUM OPINION AND ORDER
The court is in receipt of a Stipulation of Voluntary Dismissal signed by Andre Lamont Charlton and John File, Assistant United States Attorney. (Doc. No. 98.) The court finds that this pleading constitutes a "Notice of Voluntary Dismissal by Stipulation" pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. The signed pleading has been filed with the court and unequivocally evidences both movant's and respondent's intention to dismiss, without prejudice, the civil action in its entirety.
The pertinent portion of Rule 41(a)(1) of the Federal Rules of Civil Procedure reads as follows: an action may be dismissed by plaintiff without order of the court . . . by filing a stipulation of dismissal signed by all parties who have appeared in the action.
This court's endorsement is therefore not required by the Federal Rules of Civil Procedure. See Camacho v. Mancuso, 53 F.3d 48, 51 (4th Cir. 1995) (recognizing that a stipulated dismissal under Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure does not require the entry of an order by the court).
The Clerk is DIRECTED to strike this civil action from the active docket of the court. The Clerk is further directed to send copies of this Memorandum Opinion and Order to all counsel of record and movant, pro se.
By Standing Order, this case was initially referred to a magistrate judge for preparation of proposed findings and recommendation as to disposition. (Doc. No. 79.) To expedite this case's disposition, the court hereby VACATES the Standing Order, only as applied to this case.
It is SO ORDERED.