Before me for review is the Recommended Order of Dismissal
issued by Administrative Law Judge (ALJ) Robert M. Glennon on
April 30, 1991, in the above-captioned case which arises under
Section 210 of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. § 5851 (1988). The ALJ recommended that the
case be dismissed without prejudice pursuant to Complainant's
March 29, 1991, Notice of Voluntary Dismissal which Respondent
did not oppose.
[Page 2]
Complainant's Notice of Voluntary Dismissal notices
Complainant's intent that the case be dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(a)(1)(i) and the Secretary's
decision in Stites v. Houston Lighting & Power Co., Case No.
87-ERA-41, Sec. Order, Sept. 29, 1989, slip op. at 2-3.
Respondent has not responded to Complainant's Notice of Voluntary
Dismissal.
1 Rule 41 (a) (1) (i) provides for
dismissal of an action "by
filing a notice of dismissal at any time before service by the
adverse party of an answer or of a motion for summary judgement,
whichever first occurs . . . . Unless otherwise stated in the
notice of dismissal . . . the dismissal is without
prejudice . . . ."