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Majors v. Transportation Security Administration

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 29, 2009

M. JASON MAJORS, PLAINTIFF,
v.
TRANSPORTATION SECURITY ADMINISTRATION, DELTA AIR LINES, INC., AND SAN DIEGO REGIONAL AIRPORT AUTHORITY, DEFENDANTS.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER GRANTING PLAINTIFF'S AMENDED COMPLAINT MOTION TO DISMISS FIRST [Doc. No. 35.]

Presently before the Court is Plaintiff's motion to dismiss his first amended complaint. (Doc. No. 35.) Plaintiff specifically requests that the Court dismiss his complaint "against Defendant San Diego County Regional Airport Authority and Delta Air Lines, Inc." and asks "that this matter be closed." (Motion at 1.) Plaintiff's motion makes no mention of whether he wishes to dismiss his claim against the Transportation Security Administration. However, because Plaintiff has requested the case be closed, and because no defendant has filed an answer or a motion for summary judgment, the Court construes Plaintiff's motion as a notice of dismissal of his claim against all three defendants pursuant to Fed. R. Civ. P. 41(a).*fn1

If Plaintiff believes the Court has reached this conclusion in error, he shall file an amended notice of dismissal on or before May 11, 2009 clearly indicating whether he intends to pursue his case against the Transportation Security Administration. If Plaintiff does not file an amended dismissal notice, the Clerk shall terminate this case as to all three defendants, pursuant to Plaintiff's original dismissal notice.

IT IS SO ORDERED.


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