IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
March 29, 2013
MR. MICHAEL B. WOOLMAN, PLAINTIFF,
SOUTHEAST COMMUNITY COLLEGE,
The opinion of the court was delivered by: Lyle E. Strom, Senior Judge United States District Court
This matter is before the Court on plaintiff's "Motion to Dismiss" (Filing No. 10). Pursuant to Rule 41, a plaintiff may dismiss an action by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment, or by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a). In addition, a court may grant a request for voluntary dismissal "on terms that the court considers proper." Id. Here, defendant has not been served with the complaint. Therefore, the Court will grant plaintiff's Motion to Dismiss. A separate order will be entered herein accordance with this memorandum opinion.
BY THE COURT: Lyle E. Strom
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