MIAMI TRIBE OF OKLAHOMA v. WALDEN, (S.D.Ill. 2001)

Gilbert, Judge.

This matter comes before the Court on the Notice of Dismissal (Doc. 80) pursuant to Federal Rule of Civil Procedure 41(a)(1)(i) filed by plaintiff Miami Tribe of Oklahoma. Rule 41(a)(1)(i) allows dismissal by a plaintiff without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. Neither the defendants nor the intervenor have answered or filed a motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss this case at the present time, the Court finds that this action is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.