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Henderson v. Historical Naval Maritime Foundation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 11, 2010

MARGARET FULLERTON ROMANOV HENDERSON, PLAINTIFF,
v.
HISTORICAL NAVAL MARITIME FOUNDATION, THE NAVY-THE ROYAL NAVY, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is plaintiff's "Motion to Parties of Filing of Dismissal Without Prejudice (Wrong Court)," which plaintiff filed on March 9, 2010. (Dkt. No. 8.) The undersigned construes plaintiff's motion as a notice of voluntary dismissal filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which provides that "the plaintiff may dismiss an action without a court order by filing . . . (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. . . ." None of the defendants has filed an answer or motion for summary judgment in this action. Accordingly, this action is hereby dismissed without prejudice and all dates are vacated.

The parties may disregard the minute order entered by the court on March 11, 2010, which directed plaintiff to re-notice her motion in accordance with Local Rule 230(b). (Dkt. No. 9.) That minute order is hereby vacated.

IT IS SO ORDERED.

20100311

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