McClain v. Kubik, 2:15-cv-594-FtM-38NPM. (2019)
Court: District Court, M.D. Florida
Number: infdco20190827840
Visitors: 19
Filed: Aug. 26, 2019
Latest Update: Aug. 26, 2019
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is pro se Plaintiff's letter advising the Court that he wishes "to drop my Civil Rights Complaint against FNU Kubik due to lack of legal knowledge." (Doc. 71 at 1). Plaintiff, who is incarcerated and has pending an Amended Civil Rights Complaint alleging deliberate indifference to dental care ( see Doc. 41), apparently seeks to voluntarily dismiss this action. Prior to an answer or motion for summary judgme
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is pro se Plaintiff's letter advising the Court that he wishes "to drop my Civil Rights Complaint against FNU Kubik due to lack of legal knowledge." (Doc. 71 at 1). Plaintiff, who is incarcerated and has pending an Amended Civil Rights Complaint alleging deliberate indifference to dental care ( see Doc. 41), apparently seeks to voluntarily dismiss this action. Prior to an answer or motion for summary judgmen..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is pro se Plaintiff's letter advising the Court that he wishes "to drop my Civil Rights Complaint against FNU Kubik due to lack of legal knowledge." (Doc. 71 at 1). Plaintiff, who is incarcerated and has pending an Amended Civil Rights Complaint alleging deliberate indifference to dental care (see Doc. 41), apparently seeks to voluntarily dismiss this action.
Prior to an answer or motion for summary judgment by the opposing party or upon stipulation, a party may voluntarily dismiss an action without a court order. Fed. R. Civ. P. 41(a)(1)(A). Otherwise, an action may be dismissed upon the plaintiff's request by court order. Fed. R. Civ. P. 41(a)(2). Because Defendant Kubik has filed an Answer (Doc. 66), the Court construes the letter as a motion brought pursuant to Fed. R. Civ. P. 41(a)(2). On August 9, 2019, Defendant Kubik filed a Notice Regarding Motion for Summary Judgment Deadline and Plaintiff's Voluntary Dismissal. (Doc. 72). Defendant Kubik advises the Court that due to Plaintiff's notice of voluntary dismissal he will not be filing a motion for summary judgment by the August 15, 2019 deadline. (Doc. 72 at 2, ¶ 8). Consequently, it appears that Defendant Kubik has no opposition to the Court granting Plaintiff's motion to voluntarily dismiss this action.
Accordingly, it is now
ORDERED:
Plaintiff's letter (Doc.71) construed as a motion pursuant to Fed. R. Civ. P. 41(a)(2) is GRANTED and the Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions and deadlines, and close this case.
DONE and ORDERED.
FootNotes
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Source: Leagle