Differ v. Holland (INMATE 2)

Filing 19

ORDER that plaintiff's 17 Motion to Dismiss is granted; that no costs are taxed; that an appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 11/2/2011. (cc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

DENNIS J. DIFFER,
#236 916,
Plaintiff,
v.
MICHAEL HOLLAND,
Defendant.

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CIVIL ACTION NO.
2:11-CV-572-MHT
(WO)

ORDER
Pending before the court is plaintiff’s motion to dismiss
the

instant

complaint.

Pursuant

to

Fed.R.Civ.P.

41(a)(1)(A)(i), “the plaintiff may dismiss an action without
a court order by filing a notice of dismissal before the
opposing party serves either an answer or a motion for summary
judgment.”

Based on the foregoing and upon review of the

file in this case, the court concludes that plaintiff's motion
to dismiss should be granted and the complaint dismissed
without prejudice.
Accordingly, it is ORDERED that:
1.

Plaintiff's motion to dismiss (Doc. No. 17) is

granted.
2.

No costs are taxed.

3.

An appropriate judgment will be entered.

Done, this 2nd day of November, 2011.

/s/ MYRON H. THOMPSON
UNITED STATES DISTRICT JUDGE