Opinion
CIVIL ACTION NO. 1:06-CV-1934.
March 20, 2007
ORDER
AND NOW, this 20th day of March, 2007, upon consideration of pro se plaintiff's motion to dismiss (Doc. 15), and it appearing that defendants have not served an answer nor a motion for summary judgment, see FED. R. CIV. P. 41(a)(1) ("[A]n action may be dismissed by the plaintiff . . . 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:
1. The motion to dismiss (Doc. 15) is GRANTED. See FED. R. CIV. P. 41(a)(1).
2. The complaint (Doc. 1) is DISMISSED without prejudice.
3. The Clerk of Court is directed to CLOSE this case.