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Miller v. Oceanside Police Dep't

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 9, 2009

BILLY WAYNE MILLER, PLAINTIFF,
v.
OCEANSIDE POLICE DEPARTMENT AND DRUG ENFORCEMENT AGENCY, DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER GRANTING MOTION TO VOLUNTARILY DISMISS DEFENDANT DRUG ENFORCEMENT AGENCY; DENYING MOTION TO DISMISS AS MOOT Doc. Nos. 31, 37

Pending before the court is Plaintiff's "Motion to Dismiss Plaintiff's Complaint to Set Aside Forfeiture." (Doc. No. 37). The court construes this as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a). A plaintiff "may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A). As Defendant Drug Enforcement Agency has filed neither an answer nor a motion for summary judgment, Plaintiff may dismiss the action without prejudice against them as a matter of course. See Fed. R. Civ. P. 41(a)(1)(B).

The court hereby orders that Defendant Drug Enforcement Agency be DISMISSED from the action. Accordingly, Defendant Drug Enforcement Agency's motion to dismiss (Doc. No. 31) is DENIED as moot.

IT IS SO ORDERED.

20091209

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