Opinion
NO. CIV. S-08-2004 LKK/EFB.
October 22, 2008
ORDER
Defendant American Airlines filed a motion to dismiss for lack of subject matter jurisdiction. In response, plaintiff filed a "request for voluntary dismissal without prejudice." Under Fed.R.Civ.P. 41(a)(1), plaintiff is entitled to voluntary dismissal without prejudice without a court order. Therefore, the court construes plaintiff's request as a notice of dismissal.
This case is hereby DISMISSED without prejudice.
IT IS SO ORDERED.