Filed: Apr. 10, 2015
Latest Update: Apr. 10, 2015
Summary: REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court on a motion to dismiss without prejudice filed by Plaintiff. 1 [Doc. 50.] Plaintiff is proceeding pro se and brings this civil rights action pursuant to 42 U.S.C. 1983. [Docs. 1, 5.] Pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(d), D.S.C., this magistrate judge is authorized to review all pretrial matters in cases filed under 4
Summary: REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court on a motion to dismiss without prejudice filed by Plaintiff. 1 [Doc. 50.] Plaintiff is proceeding pro se and brings this civil rights action pursuant to 42 U.S.C. 1983. [Docs. 1, 5.] Pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(d), D.S.C., this magistrate judge is authorized to review all pretrial matters in cases filed under 42..
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REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
JACQUELYN D. AUSTIN, Magistrate Judge.
This matter is before the Court on a motion to dismiss without prejudice filed by Plaintiff.1 [Doc. 50.] Plaintiff is proceeding pro se and brings this civil rights action pursuant to 42 U.S.C. § 1983. [Docs. 1, 5.] Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(d), D.S.C., this magistrate judge is authorized to review all pretrial matters in cases filed under 42 U.S.C. § 1983 and to submit findings and recommendations to the District Court.
DISCUSSION
On April 3, 2015, Plaintiff filed a motion to dismiss the Complaint without prejudice. [Doc. 50.] On April 7, 2015, Defendants filed a response in support of Plaintiff's motion, indicating Defendants consent to a dismissal without prejudice. [Doc. 51.]
Under the Federal Rules of Civil Procedure, a plaintiff may request the court to dismiss his action. Fed. R. Civ. P. 41(a)(2). The court may dismiss the action "on terms that the court considers proper." Id. Unless the court orders otherwise, dismissal of an action at the plaintiff's request is without prejudice. Id. Here, because Defendants have consented to the dismissal of this action, the Court recommends Plaintiff's motion be granted.2
CONCLUSION
Wherefore, based upon the foregoing, the Court recommends Plaintiff's motion to dismiss [Doc. 50] be GRANTED; and Defendants' motion for summary judgment [Doc. 24], Plaintiff's motion for summary judgment [Doc. 27], and Plaintiff's motion for permanent injunction [Doc. 28] be FOUND AS MOOT, and the Complaint be dismissed without prejudice.
IT IS SO RECOMMENDED.
