Guzman v. City of New York

Full title: ARMANDO GUZMAN, Plaintiff, v. CITY OF NEW YORK, NICHOLAS SCOPPETA…

Court: United States District Court, S.D. New York

Date published: Sep 24, 2002

01 Civ. 11615 (WK) (S.D.N.Y. Sep. 24, 2002)

Opinion

01 Civ. 11615 (WK)

September 24, 2002

Armando Guzman, Jr., #89-A-0085, Gouverneur Correctional Facility, Gouverneur, New York, For Plaintiff (pro se).

ORDER

WHITMAN KNAPP, Senior District Judge

On September 23, 2002, the Court received a request from the Plaintiff in which he sought the dismissal of the above-captioned action. Pursuant to Rule 41(a)(1), "an action may be dismissed by the Plaintiff without order of court (i) by filing of a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. . . ." FED.R.CIV.P. 41(a)(1). As no adverse party has yet filed an answer or motion for summary judgment, we treat the Plaintiff's request for a dismissal as a notice of dismissal filed in accordance with Rule 41(a)(1). As such, we hereby DISMISS this action without prejudice.

SO ORDERED.