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.,

, 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