Opinion
Civil Action No. 1:05-CV-0794.
May 6, 2005
ORDER
AND NOW, this 6th day of May, 2005, upon consideration of the notices (Docs. 5, 6) of voluntary dismissal, in which plaintiff requests that the above-captioned action be dismissed without prejudice, and it appearing that defendants have not filed a response to the complaint, see FED. R. CIV. P. 41(a)(1) ("An action may be dismissed by the plaintiff without 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. . . ."), it is hereby ORDERED that the above-captioned action is DISMISSED without prejudice.