REPORT AND RECOMMENDATION

PAIGE J. GOSSETT, Magistrate Judge.

Plaintiff Tyler Sebastian Haway, a self-represented pretrial detainee, filed this civil rights action raising a claim pursuant to 42 U.S.C. § 1983 alleging deliberate indifference to medical needs in violation of the Fourteenth Amendment and state law claims of negligence and intentional infliction of emotional distress. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.) for a Report and Recommendation on Haway's motion to voluntarily dismiss his case without prejudice. (ECF No. 66.) Defendant Mary Hammond filed a response in which she consented to Haway's motion. (ECF No. 67.)

The court has reviewed Haway's motion and although it explicitly states he would like to dismiss the claim against Hammond without prejudice, he also states that he is "not in the right state of mind to go any further with this matter," referencing a incident in which he was stabbed in the face. (ECF No. 66.) The court has construed this motion as seeking to voluntarily dismiss the entire case without prejudice.1 Further supporting this construction is the fact that Haway has not responded to either of the pending motions for summary judgment.

Rule 41(a)(2) provides that "[e]xcept as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." Generally, a plaintiff's motion for voluntary dismissal without prejudice under Rule 41(a)(2) should not be denied absent plain legal prejudice to the defendant. See Andes v. Versant Corp., 788 F.2d 1033, 1036 (4th Cir. 1986); Ohlander v. Larson, 114 F.3d 1531, 1537 (10th Cir. 1997). Therefore, having carefully considered the parties' submissions and the applicable law, the court finds that Haway's motion (ECF No. 66) should be granted and the entire case should be dismissed without prejudice. In light of this recommendation, the remaining motions (ECF Nos. 50 & 57) should be terminated.