Evans v. Fri, 1:15-cv-161. (2016)
Court: District Court, S.D. Ohio
Number: infdco20160329c95
Visitors: 21
Filed: Feb. 29, 2016
Latest Update: Feb. 29, 2016
Summary: REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN , Magistrate Judge . This civil action is now before the Court on Plaintiff's pro se motion "To Discontinue Progress of the Complaint" and Defendants response thereto. (Doc. 41). Upon review of Plaintiff's motion, it appears that Plaintiff is requesting to voluntarily dismiss his complaint pursuant to Rule 41 of the Federal Rules of Civil Procedure. Rule 41 of the Federal Rules of Civil Procedure provides in part as follows: [A]n action may be
Summary: REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN , Magistrate Judge . This civil action is now before the Court on Plaintiff's pro se motion "To Discontinue Progress of the Complaint" and Defendants response thereto. (Doc. 41). Upon review of Plaintiff's motion, it appears that Plaintiff is requesting to voluntarily dismiss his complaint pursuant to Rule 41 of the Federal Rules of Civil Procedure. Rule 41 of the Federal Rules of Civil Procedure provides in part as follows: [A]n action may be d..
More
REPORT AND RECOMMENDATION
STEPHANIE K. BOWMAN, Magistrate Judge.
This civil action is now before the Court on Plaintiff's pro se motion "To Discontinue Progress of the Complaint" and Defendants response thereto. (Doc. 41). Upon review of Plaintiff's motion, it appears that Plaintiff is requesting to voluntarily dismiss his complaint pursuant to Rule 41 of the Federal Rules of Civil Procedure. Rule 41 of the Federal Rules of Civil Procedure provides in part as follows:
[A]n action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
Fed.R. Civ. P. 41(a)(1).
Here, Plaintiff's seeks to discontinue this action, and, as no answer or motion has been filed by Defendants, the conditions of Rule 41(a)(1) have been met.
IT IS THEREFORE RECOMMENDED THAT Plaintiff's motion to discontinue be CONSTRUED as a notice of voluntary dismissal under Fed.R.Civ.P. 41(a)(1); and that this case be DISMISSED WITHOUT PREJUDICE.
Source: Leagle
