2:25-cv-02890•Sorrell v. United States Department of Veterans Affairs et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
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