Opinion
CIVIL ACTION NO. B-08-267.
June 19, 2008
ORDER OPINION
BE IT REMEMBERED, that on June 19, 2008, the Court GRANTED Petitioner's Notice of Voluntary Dismissal, Dkt. Nos. 5, 6. Petitioner Angel A. Nuno initiated this action against Respondents Marcy Forman, John Ferguson, Michael Chertoff, Jose Aguilar, and the United States of America on June 13, 2008. Dkt. No. 1. Respondents have not entered an appearance in this case, or filed an answer or motion for summary judgment. Petitioner now dismisses its claims against Respondents pursuant to Rule 41(a)(1)(i). FED. R. CIV. P. 41(a)(1)(i) ("[A]n action may be dismissed by the plaintiff without an 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, whichever occurs first."). Therefore, pursuant to Federal Rule of Civil Procedure 42(a)(1)(i), the Court GRANTS Petitioner's Notice of Voluntary Dismissal, Dkt. Nos. 5, 6. The instant action is hereby dismissed without prejudice as to all Respondents. Respondent Marcy Forman's Motion for Lisa Luis to appear pro hac vice, Dkt. No. 4, is DISMISSED as moot. The District Clerk is ORDERED to close the case.