Carter v. McCormick, 6:17-cv-06059. (2019)
Court: District Court, W.D. Arkansas
Number: infdco20190507657
Visitors: 8
Filed: May 06, 2019
Latest Update: May 06, 2019
Summary: ORDER ROBERT T. DAWSON , Senior District Judge . This is a civil rights action filed by the Plaintiff, Toby E. Carter, pursuant to 42 U.S.C. 1983. Before the Court is Plaintiff's Motion to Non-Suit Without Prejudice. (ECF No. 78). 1 Defendants have not objected to the voluntary dismissal of the case and the time to do so has passed. Federal Rules of Civil Procedure 41(a)(2) allows a plaintiff to dismiss an action, by court order on "terms that the Court considers proper." Fed. R. Civ.
Summary: ORDER ROBERT T. DAWSON , Senior District Judge . This is a civil rights action filed by the Plaintiff, Toby E. Carter, pursuant to 42 U.S.C. 1983. Before the Court is Plaintiff's Motion to Non-Suit Without Prejudice. (ECF No. 78). 1 Defendants have not objected to the voluntary dismissal of the case and the time to do so has passed. Federal Rules of Civil Procedure 41(a)(2) allows a plaintiff to dismiss an action, by court order on "terms that the Court considers proper." Fed. R. Civ. P..
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ORDER
ROBERT T. DAWSON, Senior District Judge.
This is a civil rights action filed by the Plaintiff, Toby E. Carter, pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's Motion to Non-Suit Without Prejudice. (ECF No. 78).1 Defendants have not objected to the voluntary dismissal of the case and the time to do so has passed.
Federal Rules of Civil Procedure 41(a)(2) allows a plaintiff to dismiss an action, by court order on "terms that the Court considers proper." Fed. R. Civ. P. 41(a)(2). Dismissal under Rule 41(a)(2) is without prejudice unless the Court specifically orders to the contrary. Id. Accordingly, the Court finds that Plaintiff's Complaint (ECF No. 1) should be and hereby is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
FootNotes
1. The motion was docketed as a Notice of Voluntary Dismissal. (ECF No. 78).
Source: Leagle
