Opinion
Case Number 05-10155-BC.
February 6, 2006
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS
The United States filed this action on June 15, 2006 to collect a delinquent student loan. The defendant answered the complaint on August 23, 2005. On January 4, 2006, the Unites States filed a motion to dismiss the case without prejudice. Federal Rule of Civil Procedure 41(a) provides that after an answer is filed, a plaintiff may not voluntarily dismiss a complaint "save upon order of the court and upon such terms and conditions as the court deems proper." F.R. Civ. P. Rule 41(a)(2). The defendant has not responded to the plaintiff's motion within the time permitted. The Court finds that the plaintiff's request is reasonable and each party shall bear their expenses of litigation.
Accordingly, it is ORDERED that this matter is DISMISSED without prejudice and without costs to either party.