McClain v. Housing Authority of the City of Dothan et al

Filing 33

ORDER that Plaintiff's 32 Agreed Motion to Dismiss is GRANTED as further set out in the order. The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 9/5/2017. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
TAPRINA MCCLAIN,
Plaintiff,
v.
HOUSING AUTHORITY OF
THE CITY OF DOTHAN, et al.,
Defendants.

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CASE NO. 1:17-CV-264-WKW
[WO]

ORDER
Before the court is the Agreed Motion to Dismiss filed by Plaintiff Taprina
McClain. (Doc. # 32.) Because Defendants have served an answer and did not sign
the motion, Federal Rule of Civil Procedure 41(a)(2) governs. Rule 41(a)(2)
provides that “an action may be dismissed at the plaintiff’s request only by court
order, on terms that the court considers proper.” Having considered the equities, the
court finds that Defendants will not suffer clear legal prejudice as a result of this
action’s dismissal and that pursuant to Rule 41(a)(2), dismissal with prejudice is
appropriate. See McCants v. Ford Motor Co., 781 F.2d 855, 856–57 (11th Cir. 1986)
(“[I]n most cases a dismissal should be granted unless the defendant will suffer clear
legal prejudice, other than the mere prospect of a subsequent lawsuit, as a result.”)

(emphasis omitted). Accordingly, it is ORDERED that Plaintiff’s motion to dismiss
(Doc. # 32) is GRANTED.
The Clerk of the Court is DIRECTED to close this case.
DONE this 5th day of September, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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