Proctor v. Department of Agriculture

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

DELTA DIVISION

HELEN J. PROCTOR PLAINTIFF v. CASE NO. 2:20-CV-00154-BSM

UNITED STATES DEPARTMENT

OF AGRICULTURE DEFENDANT ORDER

Helen Proctor’s motion for voluntary dismissal [Doc. No. 29] is granted pursuant to Federal Rule of Civil Procedure 41(a)(2), and this case is dismissed without prejudice. See Metro. Fed. Bank of Iowa, F.S.B. v. W.R. Grace & Co., 999 F.2d 1257, 1263 (8th Cir. 1993) (“[w]hile a pending motion for summary judgment is a factor the court may take into account when considering whether to grant a motion for voluntary dismissal, it is not by itself dispositive’). The United States Department of Agriculture’s motion for summary judgment [Doc. No. 21] is denied as moot.

IT IS SO ORDERED this 10th day of December, 2021.

RBorrer A A

UNITED STATES DISTRICT JUDGE