Opinion
CIVIL ACTION NO. B-07-149.
February 21, 2008
ORDER OPINION
BE IT REMEMBERED, that on February 21, 2008, the Court considered Plaintiff's Unopposed Motion to Dismiss with Prejudice. Dkt. No. 3.
Plaintiff, Martha P. Cisneros, initiated suit against Defendant, Henrick Juel Jensen, on October 2, 2007. Dkt. No. 2. Defendant did not respond nor did Defendant file a motion for summary judgment. This Court received Plaintiff's motion to dismiss on February 15, 2008. Dkt. No. 3. Subsequently, Plaintiff's motion is governed by Rule 41(a)(1)(i). FED. R. CIV. P. 41(a)(1)(i) ("[A]n action may be dismissed by the plaintiff without an order of court . . . by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever occurs first."). This Court construes Plaintiff's motion to dismiss to be a notice of dismissal pursuant to Rule 41(a)(1)(i).
Therefore, pursuant to Federal Rule of Civil Procedure 42(a)(1)(i), the Court GRANTS Plaintiff's Motion for Dismissal with Prejudice. Dkt. No. 3. The instant action is hereby dismissed with prejudice. Id. Accordingly, the Court ORDERS the Clerk of the Court to close this case.