Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:08-cv-00280-MCW

Document 9

Filed 07/07/2008

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DONALD L. MARSHALL Plaintiff, v. THE UNITED STATES Defendant.

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No. 08-280C (Judge Williams)

MOTION FOR VOLUNTARY DISMISSAL Pursuant to RCFC 41(a)(1), plaintiff moves to voluntarily dismiss the pending case. Plaintiff observes that, as of this date, defendant has neither served an answer nor a motion for summary judgment. In his complaint, plaintiff noted that an application seeking the same relief sought in this Court was pending before the Air Force Board for Correction of Military Records (AFBCMR). In a decision dated July 1, 2008, the AFBCMR issued a decision granting the plaintiff the relief he sought, namely consideration for promotion to the grade of major by Special Selection Boards for the Calendar Year 1995A and 1996A Major Line Central Selection Boards. Based upon the July 1, 2008, decision of the AFBCMR, plaintiff moves to voluntarily dismiss this case as moot. Respectfully submitted, /s ~ Richard A. Bednar Law Office of Richard A. Bednar 12107 Park Shore Ct. Woodbridge, VA 22192-2217 703-490-0000 703-991-0454 (fax) Email: [email protected] July 7, 2008