REPORT AND RECOMMENDATION

STEPHEN C. WILLIAMS, Magistrate Judge.

Pro se Plaintiff Travis Thornton brought the present lawsuit pursuant to 42 U.S.C. § 1983, alleging violations of his civil rights while incarcerated with the Illinois Department of Corrections. Plaintiff alleges a delay in treatment of his infected toenail. This matter is before the Court on an oral Motion to Dismiss (Doc. 47) raised by Plaintiff at a June 1, 2018 Status Conference. Plaintiff has represented to the Court that he is currently in a transition program, and if he were to miss any work for the first 90 days of employment at his current job, he would lose the job. Plaintiff indicated that he therefore cannot attend any hearing until the middle of August. Upon review of the motions, the undersigned has determined that a factual dispute regarding the motions exists, and therefore a hearing must be held. Unfortunately, the Court is unable to continue the hearing until the middle of August. As such, during a Status Conference on June 1, 2018, Plaintiff orally moved to dismiss his case without prejudice. Neither defendant objected.

Rule 41(a)(2) provides that an action may be dismissed at the plaintiff's request by court order on terms that the court considers proper. FED.R.CIV.P. 41(a)(2). Here, the undersigned finds that dismissal without prejudice is proper. Plaintiff is left with choosing between not appearing for the summary judgment hearing and suffering adverse consequences to his case, or losing his job. Importantly, Defendants do not object to dismissal without prejudice. As such, the undersigned RECOMMENDS that the district judge GRANT the oral Motion to Dismiss (Doc. 47) and DISMISS Plaintiff's claims without prejudice.

Pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 73.1(b), the parties may object to any or all of the proposed dispositive findings in this Recommendation. The failure to file a timely objection may result in the waiver of the right to challenge this Recommendation before either the District Court or the Court of Appeals. See, e.g., Snyder v. Nolen, 380 F.3d 279, 284 (7th Cir. 2004). Accordingly, Objections to this Report and Recommendation must be filed on or before June 22, 2018.

IT IS SO ORDERED.