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Matney v. Wolcott, 4:18-cv-04146. (2019)

Court: District Court, W.D. Arkansas Number: infdco20190227997 Visitors: 7
Filed: Feb. 26, 2019
Latest Update: Feb. 26, 2019
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . This is a civil rights action filed by Plaintiff, Daniel Dwight Matney, pursuant to 42 U.S.C. 1983. Before the Court is Plaintiff's Motion to Dismiss. (ECF No. 13). Defendants have filed a response indicating they have no objection to voluntary dismissal of this case. (ECF No. 14). The Court finds this matter ripe for consideration. Federal Rule of Civil Procedure 41(a)(2) allows a plaintiff to dismiss an action, by court order on "terms th
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ORDER

This is a civil rights action filed by Plaintiff, Daniel Dwight Matney, pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's Motion to Dismiss. (ECF No. 13). Defendants have filed a response indicating they have no objection to voluntary dismissal of this case. (ECF No. 14). The Court finds this matter ripe for consideration.

Federal Rule 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.

Source:  Leagle

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