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PERKINSON v. WHITE
United States District Court, E.D. North Carolina, Western Division.
May 2, 2011
ORDER
JAMES DEVER III, District Judge
On March 2, 2011, Michael Scott Perkinson ("Perkinson" or "plaintiff") filed this action pursuant to 42 U.S.C. ยง 1983 [D.E. 1]. On April 27, 2011, Perkinson filed a motion to dismiss this action [D.E. 8].
A plaintiff may dismiss an action voluntarily, without an order ofthe court, by filing a notice of dismissal at any time before the opposing party serves either an answer or a motion for summary judgment. See Fed.R.Civ.P. 41(a)(1)(A)(i). No defendants have filed an answer or a motion for summary judgment. Thus, the court will allow the voluntary dismissal.
Perkinson's motion for dismissal without prejudice [D.E. 8] is ALLOWED. The Clerk of Court is DIRECTED to close this case.
SO ORDERED.
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