Opinion
Case No. 10-cv-1028-JPG
December 05, 2011.
MEMORANDUM AND ORDER
This matter comes before the Court on the notice of dismissal with prejudice filed by plaintiff Anthony Frank Distefano (Doc. 35), which the Court construes as a motion to dismiss pursuant to Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case from all the parties. The Court GRANTS the motion (Doc. 35), DISMISSES the plaintiff's claims against defendant Kinder Morgan River Terminals, LLC with prejudice, and DIRECTS the Clerk of Court to enter judgment accordingly.