Sorrell v. United States Department of Veterans Affairs et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Lonnie Sorrell,
Plaintiff,
v.
United States Department of Veterans
Affairs, et al.,
Defendants.
No. CV-25-02890-PHX-DJH
ORDER
Before the Court is Plaintiff Lonnie Sorrell’s (“Sorrell”) Motion to Voluntarily
Dismiss Case under Rule 41(a)(1). (Doc. 17).
Under Federal Rule of Civil Procedure 41(a)(1), a plaintiff “may dismiss an action
without a court order by filing . . . a notice of dismissal before the opposing party serves
either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i).
Dismissal under Rule 41(a)(1) may be achieved by filing a notice of dismissal; a motion is
not required. Waetzig v. Halliburton Energy Servs., Inc., 604 U.S. 305, 307–08 (2025).
See also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (voluntary dismissal under
41(a)(1) is effective upon filing and no court order is needed).
Here, Defendant has not filed an answer or a motion for summary judgment. As
such, Sorrell may voluntarily dismiss this matter under Rule 41(a)(1).
Accordingly,
IT IS ORDERED that Sorrell’s Motion to Voluntarily Dismiss Case (Doc. 17) is
granted and this matter shall be dismissed, without prejudice. The Clerk of Court is
Case 2:25-cv-02890-DJH Document 18 Filed 06/09/26 Page 1 of 2

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kindly directed to terminate this matter.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss for Lack of
Jurisdiction and for Failure to State a Claim (Doc. 10) and Sorrell’s Motion to
Amend/Correct Complaint (Doc. 13) are terminated as moot.
Dated this 9th day of June, 2026.
Honorable Diane J. Humetewa
United States District Judge
Case 2:25-cv-02890-DJH Document 18 Filed 06/09/26 Page 2 of 2