ORDER
WILLIAM H. STEELE, Chief District Judge.
The plaintiff has filed a notice of voluntary dismissal. (Doc. 38). The plaintiff understands that the dismissal is effective on filing because the defendant has not filed a motion for summary judgment or an answer to the amended complaint. The plaintiff is incorrect.
"[T]he plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either...
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