Opinion
C22-1808JLR
04-25-2024
GAIL K. DIAMOND, Plaintiff, v. JOHN MOSBY, et al., Defendants.
ORDER
JAMES L. ROBART, UNITED STATES DISTRICT JUDGE
Before the court is pro se Plaintiff Gail K. Diamond's motion to dismiss this action without prejudice. (Mot. (Dkt. # 30).) The deadline to respond to the motion has passed and Defendants John Mosby, Michael Pham, and Jennifer Sandler (“Defendants”) have not filed any opposition papers.(See generally Dkt.) Accordingly, the court exercises its discretion to rule on the motion before the noting date. See Fed.R.Civ.P. 1 (stating that the Federal Rules of Civil Procedure should be construed “to secure the just, speedy, and inexpensive determination of every action and proceeding”).
The court construes Defendants' failure to timely respond as “an admission that the motion has merit.” See Local Rules W.D. Wash. LCR 7(b)(2).
Federal Rule of Civil Procedure 41(a)(2) authorizes the court to dismiss an action without prejudice at the plaintiff's request “on terms that the court considers proper.” Fed.R.Civ.P. 41(a)(2). The court has reviewed the motion and concludes that dismissal is appropriate. The court therefore GRANTS Ms. Diamond's motion (Dkt. # 30) and DISMISSES this action without prejudice.