JONES v. ELLINGTON, 2:17-CV-26-WKW. (2017)
Court: District Court, M.D. Alabama
Number: infdco20170720633
Visitors: 30
Filed: Jul. 19, 2017
Latest Update: Jul. 19, 2017
Summary: ORDER W. KEITH WATKINS , Chief District Judge . Plaintiff, a state inmate, filed this 42 U.S.C. 1983 complaint on January 11, 2017. Prior to service of the complaint, Plaintiff filed a motion (Doc. # 25) wherein he requests dismissal of this case. The court construes the motion as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), which permits voluntary dismissal by a plaintiff "before the opposing party serves either an answer or a motion for summary judgment[.]" Under F
Summary: ORDER W. KEITH WATKINS , Chief District Judge . Plaintiff, a state inmate, filed this 42 U.S.C. 1983 complaint on January 11, 2017. Prior to service of the complaint, Plaintiff filed a motion (Doc. # 25) wherein he requests dismissal of this case. The court construes the motion as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), which permits voluntary dismissal by a plaintiff "before the opposing party serves either an answer or a motion for summary judgment[.]" Under Fe..
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ORDER
W. KEITH WATKINS, Chief District Judge.
Plaintiff, a state inmate, filed this 42 U.S.C. § 1983 complaint on January 11, 2017. Prior to service of the complaint, Plaintiff filed a motion (Doc. # 25) wherein he requests dismissal of this case. The court construes the motion as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), which permits voluntary dismissal by a plaintiff "before the opposing party serves either an answer or a motion for summary judgment[.]" Under Fed. R. Civ. P. 41(a)(1)(B), such dismissal is "without prejudice."
Because the notice of dismissal comports with Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Andre Deon Jones's claims against Defendants Edward Ellington, T. Myrick, James Kelly, Brenda King, J. Wiggins, J. Morris, and Nurse Mitchell have been dismissed by operation of Rule 41(a)(1).
The Clerk of the Court is DIRECTED to close this case.
Source: Leagle
