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BROOKS v. NAPOLI

United States District Court, W.D. New York.
Nov 1, 2007
DECISION and ORDER

RICHARD ARCARA, District Judge

One of the named plaintiffs in this action, Thomas Steed, improperly named herein as "Steve Steed," has notified the Court that he wishes to withdraw as a plaintiff in this action because "[he] do[es] not wish to perjur [sic] [himself] in anyway in regards to such matter." (Docket No. 13). Because no answer or dispositive motion has been filed by any adverse party, the notification must be treated as a voluntary withdrawal pursuant to Fed.R.Civ.P. 41(a)(1)(i). Accordingly, Thomas Steed, improperly named herein as "Steve Steed" is hereby dismissed as a plaintiff in this matter without prejudice.

SO ORDERED.

IT IS SO ORDERED.